OSHRC Docket No. 13767

Occupational Safety and Health Review Commission

April 20, 1977


Before BARNAKO, Chairman; MORAN and CLEARY, Commissioners.


Baruch A. Fellner, Office of the Solicitor, USDOL

Bobbye D. Spears, Regional Solicitor, U.S. Department of Labor

Herbert Kizer, President, Therrel-Kizer, Inc., for the employer




The decision of Administrative Law Judge James D. Burroughs 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 Burroughs 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 CFR 1926.500(d)(1).

In Central City Roofing, Co., BNA & OSHC 1286, 1976-77 CCH 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 19 CFR 1926.500(d)(1) and the penalty assessed therefor are vacated.