Monadnock Erectors, Inc.

Plain-English summary

Monadnock Erectors, Inc., a New Hampshire steel erector, was cited for a single serious violation after employees erected steel more than 30 feet above the ground without safety nets. The cited standard requires safety nets when work is more than 25 feet up and ladders, scaffolds, catch platforms, temporary floors, safety lines, or safety belts are impractical. The case was handled under the Commission's E-Z Trial procedure, and Judge Robert A. Yetman issued a decision from the bench at the June 1997 hearing. He affirmed the citation as a serious violation and assessed a $1,500 penalty, less than the $2,000 the Secretary had proposed. The bench findings of fact and conclusions of law are in the attached hearing transcript rather than in this written order.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.105(a) (safety nets above 25 feet)
• Outcome: Serious citation, item 1, affirmed; penalty assessed at $1,500 (Secretary had proposed $2,000)
• Key point: Steel erectors working more than 25 feet above the ground must provide safety nets where other fall protection is impractical; the citation was affirmed as serious in a bench decision under E-Z Trial.

Full text (OSHRC public release)

:
SECRETARY OF LABOR,                       :
          Complainant,                    :
                                          :
               v.                         :   OSHRC
                                          :   Docket No. 97-0474
MONADNOCK ERECTORS,                       :
 INC.,                                        :
        Respondent.                       :
                                          :
                                              :

Appearances:
       Kevin E. Sullivan, Esq.                       Mark Aho, Treasurer
               Office of the Solicitor                      Monadnock Erectors, Inc.
               U.S. Department of Labor                     Rindge, NH
                        For Complainant                             For Respondent
Before: Administrative Law Judge Robert A. Yetman
                                    DECISION AND ORDER
       This proceeding arises under § 10(c) of the Occupational Safety and Health Act of 1970, 29
U.S.C. § 651, et seq (“the Act”) to review a citation issued by the Secretary of Labor pursuant to §
9(a) of the Act and a proposed assessment of penalty thereon issued pursuant to § 10(a) of the Act.
       On March 10, 1997, Monadnock Erectors, Inc. was issued one serious citation alleging a
single violation of the standard set forth at 29 CFR 1926.105(a). The citation reads as follows:
               29 CFR 1926.105(a): Safety nets were not provided when workplaces
               were more than 25 feet above the ground or water surface, or other
               surfaces(s) where the use of ladders, scaffolds, catch platforms,
               temporary floors, safety lines or safety belts was impractical:

               (a) Location - Acton Street side of site:
               On February 15, 1997, the employer did not provide nets when the
               workplace was more than 25 feet from the ground level. Employees
               were erecting steel over 30 feet from the ground level.

A penalty in the amount of $2,000 was proposed by the Secretary.
         Respondent filed a timely notice of contest and this matter was assigned for E-Z Trial
proceedings pursuant to commission Rules 29 CFR 2200.200 et seq. A hearing was conducted on
June 13, 1997 and in accordance with Commission Rule 209(f), a decision was issued from the bench
affirming the citation as a serious violation and assessing a penalty in the amount of $1,500. Findings
of fact and conclusions of law as required by commission Rule 90(a) are set forth at transcript pages
92 to 99 attached hereto.
         All findings of fact relevant and necessary to a determination of the contested issues have been
made as required by Fed. R. Civ. P. 52(a). Respondent admits jurisdiction (Tr. 90). All proposed
findings of fact and conclusions of law inconsistent with this decision are denied.
                                                ORDER
         Serious Citation No. 1, Item No. 1 alleging a violation of 29 CFR 1926.105(a) is affirmed and
a penalty in the amount of $1,500 is assessed.

                                        ROBERT A. YETMAN
                                        Judge, OSHRC

Dated:
         Boston, MA