Description

As you can see from the photo, the current construction site is not secure in any way from the public and there is a huge dangerous hole/ open pit that is left without any safety guardrail. Please have the contractor properly follow OSHA regulations and secure this construction site!

29 CFR 1926.500(b), Subpart M — Fall Protection, provides:

§1926.500(b) Definitions.
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Hole means a gap or void 2 inches (5.1 cm) or more in its least dimension, in a floor, roof, or other walking/working surface.
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Walking/working surface means any surface, whether horizontal or vertical on which an employee walks or works, including, but not limited to, floors, roofs, ramps, bridges, runways, formwork and concrete reinforcing steel but not including ladders, vehicles, or trailers, on which employees must be located in order to perform their job duties.
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29 CFR 1926.501(b)(4), Subpart M — Fall Protection, provides:

§1926.501(b)(4) Holes. (i) Each employee on walking/working surfaces shall be protected from falling through holes (including skylights) more than 6 feet (1.8 m) above lower levels, by personal fall arrest systems, covers, or guardrail systems erected around such holes. [Emphasis added.]

(ii) Each employee on a walking/working surface shall be protected from tripping in or stepping into or through holes (including skylights) by covers. [Emphasis added.]
An employer has a duty to protect employees from the hazard of a hole in walking/ working surfaces as specified in §1926.501(b)(4). Case law has established that brevity of exposure to a hazard is not a defense to a failure to protect against the hazard.1 Where the duty under §1926.501(b)(4) applies, it must be complied with immediately.