In February 2016, Bergelectric Corporation (“Bergelectric”) was installing solar panels on the roof of a hangar at the Marine Corps Air Station in San Diego, California. The roof of the hangar was low-sloped and six feet or more above a lower level. Bergelectric employees were using warning lines and a safety monitor as prescribed by 29 C.F.R. § 1926.501(b)(10) of OSHA’s fall protection standard, which applies to employees performing roofing work on low-sloped roofs.
On February 24-25, 2016, OSHA conducted an inspection of the worksite. Based on the inspection, the agency issued a citation alleging a violation of 29 C.F.R. § 1926.501(b)(1) of OSHA’s fall protection standard, which requires employees working near the unprotected sides and edges of certain roofs to be protected by guardrail systems, safety net systems or personal fall arrest systems (“PFAS”).