S. PUMA CO., INC.

OSHRC Docket No. 14139

Occupational Safety and Health Review Commission

April 28, 1977

[*1]

Before BARNAKO, Chairman; MORAN and CLEARY, Commissioners.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Reg. Sol., USDOL

Albert Puma, President, S. Puma Company, Inc., for the employer

OPINION:

DECISION

BY THE COMMISSION:

The decision of Administrative Law Judge Jerome C. Ditore in this case is before the Commission pursuant to section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq.

Judge Ditore affirmed a citation that alleged that respondent had violated 29 U.S.C. 654(a)(2) by failing to install perimeter guarding on a flat roof in contravention of 29 U.S.C. 1926.500(d)(1).

In Central City Roofing, Co., BNA 4 OSHC 1286, CCH 1976-77 OSHD para. 20,761 (No. 8173, 1976), a divided Commission held that 29 CFR 1926.500(d)(1) does not apply to flat roofs. That decision is dispositive of this case.

Accordingly, it is ORDERED that the citation for failure to comply with 29 CFR 1926.500(d)(1) and the penalty assessed therefor are vacated.