DECKS, INC. OF FLORIDA

OSHRC Docket No. 4965

Occupational Safety and Health Review Commission

August 19, 1976

  [*1]  

BEFORE: BARNAKO, Chairman; MORAN and CLEARY, Commissioners.  

COUNSEL:

Bobbye D. Spears, Regional Solicitor, USDOL

Ira J. Smotherman, Jr., for the employer

OPINION:

DECISION

BY THE COMMISSION: A decision of Review Commission Judge Paul L. Brady, dated January 20, 1975, is before this Commission for review pursuant to 29 U.S.C. §   661(i).   That decision, which is attached hereto as Appendix A, n1 affirmed item 7 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).

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n1 Chairman Barnako does not agree to this attachment.

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  1926.500(d)(1) does not apply to flat roofs.   That decision is dispositive of the charge in issue in the instant case.

Accordingly, item 7 of the citation and the penalty assessed therefor are vacated.   Furthermore, the Judge's vacation of item 6 is affirmed and items [*2]   1, 3, and 4, which were admitted in respondent's answer to the complaint, are affirmed with no penalty assessment. n2

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n2 The complainant withdrew items 2 and 5 at the hearing.

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