One Year Anniversary: Felahy Employment Lawyers Secure $5,000,000.00 Class Action Settlement
September 17, 2018
Employer Found In Violation of Strict OSHA Standard
June 7, 2019
The Court of Appeals for the Ninth Circuit has ruled that when determining whether an employer has violated a specific Occupational Safety and Health Administration ("OSHA") safety standard, the Court will look at the substantial evidence. (Bergelectric Corporation v. Secretary of Labor, 2019 S.O.S. 17-72852, filed June 6, 2019.) In Bergelectric, the Court determined that the contractor was not performing "roofing work" when it installed solar panels on a roof. Substantial evidence supported a finding that workers were subject to the danger of falling where they were performing work eight to nine feet from the unprotected edge of a roof. As such, the employer did not comply with the stricter safety standards of 29 C.F.R. § 501(b)(1) governing work on unprotected sides and edges.