Bloomberg Law
March 24, 2023, 7:54 PM

Proof of Safety Discipline Program Helps Defeat OSHA Citation

Bruce Rolfsen
Bruce Rolfsen

Evidence that roofing contractor Elmer W. Davis Inc. of Rochester, N.Y., had previously disciplined supervisors for fall protection problems helped convince a judge to vacate an OSHA citation against the company.

The US Occupational Safety and Health Administration alleged that Davis Inc. violated a rule by allowing workers on narrow, low-sloped roofs to not wear fall protection gear if a person was acting as safety monitor to warn workers when they were close to the roof’s edge.

In explaining why he vacated the OSHA citation and $4,566 fine, Administrative Law Judge William Coleman said in a decision released Friday that ...

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