Bergelectric Corp. v. Secretary of Labor, No. 17-72852 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit denied a petition for review of a final order affirming a citation that Bergelectric violated OSHA's fall protection standards in 29 C.F.R. 1926.501(b)(1). The panel held that Bergelectric was not performing roofing work and that substantial evidence supported the finding that it did not comply with the stricter safety standards governing work on unprotected sides and edges. The panel held that substantial evidence supported the ALJ's conclusion that Bergelectric employees were subject to the danger of falling prior to proper use of the personal fall arrest systems, and thus the ALJ did not err in finding Bergelectric liable for violation of section 1926.501(b)(1).
Court Description: Occupational Safety and Health Administration. The panel denied a petition for review of a final order of the Occupational Safety and Health Review Commission affirming a citation that Bergelectric Corp. violated the Occupational Safety and Health Administration’s fall protection standards in 29 C.F.R. § 1926.501(b)(1). The panel concluded that Bergelectric was not performing roofing work when it installed solar panels on a roof, and substantial evidence supported the finding that that it did not comply with the stricter safety standards of 29 C.F.R. § 501(b)(1) governing work on unprotected sides and edges. The panel rejected Bergelectric’s argument that its installation of solar panels on the hanger roof was governed by the laxer standard for roofing work on low- sloped roofs in 29 C.F.R. § 1926.501(b)(1), rather than the stricter general standard applied to unprotected sides and edges.
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