Employer Found In Violation of Strict OSHA Standard


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.


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