Moser Heating & Roofing Co., Inc.

Plain-English summary

The Commission reviewed a judge's decision vacating an other-than-serious citation under the open-sided-floor standard. The judge had concluded that 29 C.F.R. § 1926.500(d)(1) did not apply to flat roofs. The Commission stated that it had reviewed the entire record and was adopting the judge's decision only to the extent consistent with its own decision. The official OSHRC text then ends after referring to three related roofing decisions. It does not include the workplace facts, proposed penalty, reasoning that followed, or an operative order, so the final disposition cannot be determined from this release alone.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.500(d)(1)
• Outcome: The official release does not state the final disposition or penalty result.
• Key point: The published text identifies whether the open-sided-floor rule applies to flat roofs as the issue, but ends before resolving it.

Full text (OSHRC public release)

Docket No. 1295

MOSER HEATING AND ROOFING COMPANY, INC.
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OSHRC Docket No. 1295

Occupational Safety and Health Review Commission

January 2, 1974

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[*1]
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Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners.
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OPINIONBY: VAN NAMEE

OPINION:

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VAN NAMEE, COMMISSIONER: This matter is before the Commission upon my order directing review of a decision of Judge James D. Burroughs.
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Judge Burroughs vacated one item of Complainant's citation charging a non-serious violation of section 5(a)(2) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651,
et seq.,
hereinafter "the Act"), on the ground that the standard upon which Complainant relied (29 C.F.R. 1926.500(d)(1)) n1 is inapplicable to flat roofs.

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n1 The cited standard provides:

Guarding of open-sided floors, platforms, and runways. (1) Every open-sided floor or platform 6 feet or more above adjacent floor or ground level shall be guarded by a standard railing, or the equivalent, as specified in paragraph (f)(1) of this section, on all open sides, except where there is entrance to a ramp, stairway, or fixed ladder.
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The railing shall be provided with a standard toeboard wherever, beneath the open sides, persons can pass, or there is moving machinery, or there is equipment with which falling materials could create a hazard.

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[*2]
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We have reviewed the entire record.
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Judge Burroughs' decision is adopted only to the extent it is consistent with this decision.

For the reasons stated in our decisions in
Secretary of Labor
v.
S.D. Mullins Company, Inc., Secretary of Labor
v.
Diamond Roofing Company, Inc.
Secretary of Labor
v.
Heyse Sheet Metal and Roofing Company, Inc.,
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