DIAMOND ROOFING COMPANY, INC.
OSHRC Docket No. 14426
Occupational Safety and Health Review Commission
June 17, 1977
Before: BARNAKO, Chairman; and CLEARY, Commissioner.
Baruch A. Fellner, Office of the Solicitor, USDOL
Bobbye D. Spears, Reg. Sol., USDOL
Ira J. Smotherman, Jr., for the employer
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.