Schriber Sheet Metal & Roofers, Inc. v. United States Occupational Safety and Health Review Commission, and Ray Marshall, Secretary of Labor

ORDER

This matter is before the court on petition for review of an order of the United States Occupational Safety and Health Review Commission (OSHRC) finding the petitioner in violation of Section 5(a)(1) of the Occupational Safety and Health Act of 1970 because of its failure to provide its employees who were working on a flat roof more than six feet above the ground with protection “by a standard railing or equivalent.” Upon consideration of the record on appeal the court concludes that there is no substantial evidence to show that a reasonably prudent employer in the roofing industry would…