“Docket No. 4965 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). – – – – – – – – – – – – – – – – – -Footnotes- – – – – – – – – – – – – – – – – – n1 Chairman Barnako does not agree to this attachment. – – – – – – – – – – – – – – – – -End Footnotes- – – – – – – – – – – – – – – – – ? 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 – – – – – – – – – – – – – – – – – -Footnotes- – – – – – – – – – – – – – – – – – n2 The complainant withdrew items 2 and 5 at the hearing. – – – – – – – – – – – – – – – – -End Footnotes- – – – – – – – – – – – – – – – – “