ALJ Decision in Michael Barr dba Barr Construction Becomes a Final Order of the Commission

James Michael Barr is a sole proprietor doing business as Barr Construction (Respondent or Barr Construction). (Tr. 86). On December 13, 2018, the Occupational Safety and Health Administration (OSHA) inspected a worksite where Respondent was re-roofing a residential house at 819 Park Place, Williamsport, PA 17701 (Worksite). (Tr. 25-26). Upon arriving at the Worksite that morning, OSHA Compliance Officer (CO) Robert Dervin observed workmen on ladder jack scaffolds, approximately 18 feet above ground level, without fall protection. Respondent’s employees donned fall protection gear when they realized that OSHA was on site, and CO Dervin left to conduct an inspection elsewhere. He returned later that afternoon, and upon his arrival he observed four of Respondent’s employees standing on the house’s steep roof, again not wearing fall protection. (Tr. 43). They were exposed to falls exceeding 20 feet. CO Dervin also observed another employee using a ladder that had a damaged bottom rung. Neither Mr. Barr nor anyone else in charge of safety was onsite to correct those unsafe conditions.