A June decision by the U.S. Court of Appeals for the Ninth Circuit resulted in a significant implications for safety standards for contractors performing roofing work. The court determined that rooftop solar panel installation is not "roofing work" under OSHA regulations. As a result, contractors performing solar work are subject to more stringent employee fall protection standards than typical "roofing work," JD Supra reports.
In Bergelectric v. Secretary of Labor, a contractor was hired to install solar panels on the roof of a Marine Corps Air Station hanger in San Diego, California. While the contractor’s employees worked on the project, OSHA conducted a two-day safety inspection of the work site. The contractor’s employees informed OSHA inspectors that they were using both warning lines and a safety monitor to comply with fall protection requirements. Additionally, the contractor’s employees told the inspectors that, in the event the workers needed to go outside the warning line zone, they would use a personal fall arrest system (PFAS) for protection. Following the inspection, OSHA issued a citation claiming three major violations of the fall protection standards. The decision to find a violation of the fall protection standard rested on the “general standards" of 29 C.F.R. § 1926.501(b)(1), which require employees working near the unprotected sides and edges more than 6 feet above the level below to be protected by guardrail systems, safety net systems, or a PFAS.” None of these were used by the employees.
What can contractors take away from the OSHA enforcement standard and the decision in Bergelectric Corp. related to installing solar panels? When contractors are hired to install solar panels on roofs with unprotected sides and edges more than six feet above a lower level, they must equip their employees with a PFAS, and also either install guardrails or safety nets. The PFAS is a necessity. Because the failure to comply with OSHA fall protection standards can result in fines and other consequences, contractors must have plans in place to ensure that they maintain their employees’ safety and comply with all applicable OSHA and other workplace safety standards.
Contractors should understand that the Court’s holding in Bergelectric Corp. may apply to any contractor tasked with installing rooftop affixed equipment six feet or above a lower level. Under this holding, HVAC, standby generator, and satellite dish installation projects are not “roofing work”, and contractors may be required to implement similar robust fall protection systems to comply with OSHA rules.
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