EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Bostrom-Bergen Metal Products - Decision After Reconsideration

An employee who went on to the roof of an old building to determine how to install new rain gutters fell to his death through an existing, unguarded skylight. Employer was cited for a serious violation of Construction Safety Order section 1632(b) for not guarding the skylight opening. Section 1632(b) does not apply to existing skylight openings, only temporary openings during construction. General Industry Safety Order section 3212(e) applied and the citation did not reasonably notify Employer that it was being held to that somewhat different standard. The Board granted Employer’s appeal.

BOSTON-BERGEN METAL PRODUCTS 00-1012
January 10, 2003