Commission Issues Decision in Gate Precast Company.
Gate Precast Company manufactures and installs precast concrete structures. In 2015, Gate was a subcontractor for the construction of a six-story hotel in Shenandoah, Texas. Following an inspection of the construction worksite, the Occupational Safety and Health Administration issued Gate a single-item repeat citation alleging a violation of the fall protection standard, 29 C.F.R. § 1926.501(b)(1). Administrative Law Judge John B. Gatto affirmed the violation as repeat and assessed a penalty of $25,667. For the reasons that follow, we affirm. BACKGROUND On the morning of May 4, 2015, the day of OSHA’s inspection, Gate planned to work on the second floor—the uppermost floor or “roof”—of the partially completed hotel. The edge of the roof was unprotected and approximately 24 feet above the ground. Approximately six feet from the roof’s edge, red tape was tied to and strung between sticks that were wedged into the gaps of abutting precast planks of concrete.