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OSHRC Commission decision Docket 6853 Decided August 11, 1976 Citations vacated

Langer Roofing & Sheet Metal, Inc.

Flat-roof guarding citation vacated

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Currency note: this decision dates from 1976
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

OSHA cited Langer Roofing & Sheet Metal for allowing employees to work on an unguarded flat roof. The administrative law judge had vacated the citation on procedural grounds. During Commission review, the company moved to dismiss the review and vacate the citation because 29 C.F.R. § 1926.500(d)(1) did not apply to flat roofs. The Commission granted that motion under its recent Central City Roofing decision and vacated the citation and proposed penalty.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.500(d)(1)
  • Outcome: The flat-roof guarding citation and proposed penalty were vacated.
  • Key point: The cited open-sided-floor standard did not apply to work on a flat roof.

Full text (OSHRC public release)

Docket No. 6853

LANGER ROOFING & SHEET METAL, INC.
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OSHRC Docket No. 6853

Occupational Safety and Health Review Commission

August 11, 1976

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[*1]
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Before BARNAKO, Chairman; MORAN and CLEARY, Commissioners.
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COUNSEL:

Herman Grabt, Regional Solicitor

Richard D. Finley, LANGER ROOFING & SHEET METAL INC., for the employer

ROOFERS & WATERPROOFERS UNION, Local #65, for the employees

OPINIONBY: BARNAKO

OPINION:

DECISION

BARNAKO, Chairman:

A decision of Administrative Law Judge George W. Otto is before us for review pursuant to section 12(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq., hereinafter "the Act").
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Judge Otto vacated a citation which alleged a violation of 29 C.F.R. 1926.500(d)(1) in that employees were permitted to work on an unguarded flat roof.
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The Judge vacated for procedural reasons and his decision was thereafter directed for review.

We do not find decision on the procedural issue to be necessary in this case.
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Subsequent to the direction for review, Respondent submitted a motion asking that the review proceeding be dismissed and the citation be vacated on the basis that the cited standard does not apply to flat roofs.
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The motion comports with the recent holding by a divided Commission in Central City Roofing Co., No. 8173, BNA 4 OSHC 1286, CCH OSHD para. 20,761 (June 4, 1976); we grant the motion [*2]
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and vacate the citation and proposed penalty therefor.

It is so ORDERED.
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