OSHA Inspection: TMC BUILT, LLC

Issued

2021-08-19 00:00:00

Penalty

Initial $27306.00 · Current $13600.00 Reduced

General-duty citation text

29 CFR 1926.501(b)(13): "Residential construction." Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall arrest system unless another provision in paragraph (b) of this section provides for an alternative fall protection measure.   On or about June 29, 2021, at a jobsite located at the corner of Innovation Court and Tri-Park Way Appleton, WI, four employees were exposed to fall hazards greater than 15' without being protected by a conventional form of fall protection.  The employees were sheathing the roof of a new two-story apartment complex and wearing personal fall arrest harnesses but were not tied off to lifelines and anchor points as required.  Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of 1926.502. Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.  TMC Built, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1486945, citation number 1-1 and was affirmed as a final order on September 22, 2020, with respect to a workplace located at Howard Commons and Riverwood Lane Howard, WI 54313.  TMC Built, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1455064, citation number 1-2 and was affirmed as a final order on April 17, 2020, with respect to a workplace located at Howard Commons and Riverwood Lane Howard, WI 54313.