Empire Roofing Company Southeast, LLC v. Occupational Safety and Health Review Commissioner

Empire Roofing Company Southeast, LLC (“Empire”), petitions for review of a final decision of the Occupational Safety and Health Review Commission (“Commission”). The Commission concluded that Empire violated standards under the Occupational Safety and Health Act (“OSHA”), 29 U.S.C. §§ 651 et seq., when Empire employees rode in an aerial lift without fall protection, in violation of 29 C.F.R. § 1926.453(b)(2)(v). Empire challenges the Commission’s conclusion that the language “when working from an aerial lift” in § 1926.453(b)(2)(v) includes riding in an aerial lift. It also challenges the…