Oregon Occupational Safety & Health Division Plaintiff,
v.
ACE CONTRACTORS Defendant.
No. SH-96158
Citation No. H1787-053-96
Oregon Worker Compensation
Before The Workers' Compensation Board State Of Oregon Hearings Division
January 17, 1997
OPINION
AND ORDER
Philip
A. Mongrain Administrative Law Judge
Hearing
was held in Medford, Oregon on November 22, 1996 before
Philip A. Mongrain, Administrative Law Judge. OR-OSHA was
represented by Assistant Attorney General Roger Warren. The
employer, Ace Contractors, was represented by its president,
Andrew Peternell. The hearing was reported by Business
Support Services and was closed at its conclusion.
Exhibits
1-11 submitted and identified by Mr. Warren on September 18,
1996 were admitted in evidence. Also admitted in evidence
were Exhibit A, an October 19, 1995 invoice from Pacific
Supply, and Exhibit B, a check stub dated November 10, 1995.
ISSUE
Whether
the employer violated the safety standard requiring fall
protection for employees working on a steep roof with
unprotected sides and edges 10 feet or more above a lower
level, as alleged in a citation issued by OR-OSHA on February
6, 1996. Two other violations alleged in the citation were
not raised as issues at the hearing.
FINDINGS
OF FACT
On
January 23, 1996 Fritz Black, an employee of Ace Contractors,
was told by Andrew Peternell to go to 1852 Barnett Road to
meet with the general contractor of an apartment building
which had previously been roofed by Ace Contractors (Fritz
Black's testimony; Exhibits A, B, 4 (page 1), 5)). Mr.
Black was there to perform some minor shingle repair and
cosmetic maintenance on the roof (Fritz Black's
testimony; Exhibits 4 (page 1), 5, 8). After being informed
by the general contractor as to what maintenance was
required, Mr. Black was instructed by the employer to go up
on the roof, be careful and do the job (Fritz Black's
testimony). Mr. Black then put on his tool belt and climbed a
ladder to the roof (Fritz Black's testimony). He walked
on three sections of the roof 17 feet above the ground and he
nailed down one shingle, picked up a little debris and pulled
up some protruding felt, activities that required only a few
minutes and were carried out...
