Therrel-Kizer, Inc. (Commission decision, April 20, 1977)

Plain-English summary

Therrel-Kizer was cited for failing to install perimeter guarding on a flat roof. The administrative law judge affirmed the citation under the open-sided-floor standard. The Commission applied its intervening decision holding that the cited standard did not apply to flat roofs. It therefore vacated both the citation and the assessed penalty.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.500(d)(1)
• Outcome: The flat-roof perimeter-guarding citation and assessed penalty were vacated.
• Key point: The open-sided-floor guarding standard did not apply to flat roofs under the Commission precedent controlling at the time.

Full text (OSHRC public release)

Docket No. 13767

THERREL-KIZER, INC.
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OSHRC Docket No. 13767

Occupational Safety and Health Review Commission

April 20, 1977

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Before BARNAKO, Chairman; MORAN and CLEARY, Commissioners.
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COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Bobbye D. Spears, Regional Solicitor, U.S. Department of Labor

Herbert Kizer, President, Therrel-Kizer, Inc., for the employer

OPINION:

DECISION

BY THE COMMISSION:

The decision of Administrative Law Judge James D. Burroughs in this case is before the Commission pursuant to section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. �
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651 et seq.

Judge Burroughs affirmed a citation that alleged that respondent had violated 29 U.S.C. �
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654(a)(2) by failing to install perimeter guarding on a flat roof in contravention of 29 CFR �
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1926.500(d)(1).

In Central City Roofing, Co., BNA & OSHC 1286, 1976-77 CCH OSHD para. 20,761 (No. 8173, 1976), a divided Commission held that 29 CFR �
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1926.500(d)(1) does not apply to flat roofs.
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That decision is dispositive of this case.

Accordingly, it is ORDERED that the citation for failure to comply with 19 CFR �
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1926.500(d)(1) and the penalty assessed therefor are vacated.
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