M. M. Schranz Roofing & Building Supply Co., Inc.

Plain-English summary

M. M. Schranz Roofing was cited for failing to install standard railings on a flat roof where its employees worked. Applying its divided Central City Roofing decision, the Commission held that section 1926.500(d)(1) did not apply to the flat roof. It reversed the judge and vacated citation item 2 and its $55 penalty. Two other uncontested citation items had already become final orders, but the official release does not identify their standards or penalties.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.500(d)(1)
• Outcome: The flat-roof perimeter-guarding item and its $55 penalty were vacated; two unidentified uncontested items remained final.
• Key point: Under the Commission's then-controlling precedent, the open-sided-floor guarding standard did not apply to flat roofs.

Full text (OSHRC public release)

Docket No. 5750

M. M. SCHRANZ ROOFING & BUILDING SUPPLY CO., INC.
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OSHRC Docket No. 5750

Occupational Safety and Health Review Commission

July 7, 1976

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

Herman Grant, Regional Solicitor

James G. Howard, for the employer

OPINION:

DECISION

BY THE COMMISSION:

On February 25, 1975, Administrative Law Judge George W. Otto issued his decision in this case, affirming item 2 of a citation for non-serious violation of section 5(a)(2) of the Occupational Safety and Health Act of 1970, 29 U.S.C. �
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651 et seq. and assessing a $55 penalty. n1 The item alleged that respondent had failed to comply with the safety standard published at 29 CFR �
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1926.500(d)(1) n2 by not providing standard railings on a flat roof upon which its employees were working.

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n1 Two other items of the citation were not contested by respondent and have become final orders of the Commission pursuant to section 10(a) of the Act.

n2 29 CFR �
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1926.500 Guardrails, handrails, and covers

(d) 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)(i) 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 toe-board 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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Respondent petitioned for review of the Judge's decision.
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Pursuant to section 12(j) of the Act review was directed by Commissioner Moran on the following issues:

(1) Whether the Judge ruled properly upon respondent's defense that compliance with the regulation was impossible.

(2) Whether the occupational safety and health standard published at 29 CFR �
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1926.500(d)(1) was applicable to the facts of this case.

The case has been briefed by the parties.
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For the reasons set forth in Central City Roofing Company, Inc., No. 8173 (June 4, 1976) a divided Commission held that the cited standard is inapplicable to the flat roof involved.

Accordingly, it is ORDERED that the Judge's decision is reversed and item 2 of the citation and its attendant penalty are vacated.
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