DIAMOND ROOFING COMPANY, INC.

OSHRC Docket No. 14426

Occupational Safety and Health Review Commission

June 17, 1977

[*1]

Before: BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Bobbye D. Spears, Reg. Sol., USDOL

Ira J. Smotherman, Jr., for the employer

OPINION:

DECISION

BY THE COMMISSION: A decision of Review Commission Judge John S. Patton, dated January 6, 1976, is before this Commission for review pursuant to 29 U.S.C. 661(i). The only issue before the Commission is whether the Judge properly affirmed item 2 of a citation which alleged that respondent violated 29 U.S.C. 654(a)(2) by failing to install perimeter guarding on a flat roof in contravention of 29 C.F.R. 1926.500(d)(1).

In Secretary v. Central City Roofing Co., 76 OSAHRC 61/A2, 4 BNA OSHC 1286, 1976-1977 CCH OSHD para. 20,761 (No. 8173, 1976), a divided Commission held that 29 C.F.R. 1926.500(d)(1) does not apply to flat roofs. That decision is dispositive of the issue in the instant case.

Accordingly, item 2 of the citation is vacated.