DeMouy General Contracting, Inc., Fairhope, Ala.

The employer contests a serious citation in two-parts and a fine of $4,268. The serious citation includes the alleged violation of 29 C.F.R. 1926.501(b)(2)(ii) for failure to ensure each employee on a walking/working surface 6 feet (1.8 m) or more above a lower level where leading edges are under construction, but who is not engaged in the leading edge work, shall be protected from falling by a guardrail system, safety net system, or personal fall arrest system. If a guardrail system is chosen to provide the fall protection, and a controlled access zone has already been established for leading edge ...