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Ezel / Agency Decisions / 81-0636-commission
OSHRC Commission decision Docket 81-0636 Decided May 2, 1985 Settled

Hahnel Brothers Co.

Roofing citation withdrawn under fall-protection agreement

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Currency note: this decision dates from 1985
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

Hahnel Brothers sought Commission review of an administrative law judge’s decision involving a roofing citation. In settlement, the Secretary withdrew the citation. Hahnel agreed that, during built-up roofing work on low-pitched roofs more than 16 feet above ground, it would use an MSS system or a safety-monitoring system when employees worked between the warning line and the roof edge. The agreement did not admit that the company had violated the Act, and each party agreed to bear its own fees and costs. The Commission approved the settlement; the release does not state a penalty amount.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.500(g)(1)(ii)
  • Outcome: Citation withdrawn under an approved fall-protection agreement.
  • Key point: The settlement required specified protection for employees working beyond the warning line on elevated low-pitched roofs.

Full text (OSHRC public release)

Docket No. 81-0636

SECRETARY OF LABOR,

Complainant,

v.

HAHNEL BROTHERS CO.,

Respondent.

OSHRC DOCKET NO. 81-0636

ORDER

The Commission approves the parties' stipulation and settlement agreement.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated: MAY 2 1985

FORD B. FORD, UNDER SECRETARY OF LABOR

Complainant,

v.

HAHNEL BROTHERS COMPANY,

Respondent.

OSHRC DOCKET NO. 81-0636

STIPULATION AND SETTLEMENT AGREEMENT

As a full and complete settlement of this action which is pending before the Commission on
respondent's petition for discretionary review of the decision and order of Administrative
Law Judge David J. Knight filed May 5, 1983, the parties stipulate and agree as follows:

  1. The Secretary hereby withdraws the citation issued to respondent on February 11, 1981.

  2. Respondent agrees that during the performance of built-up roofing work on low- pitched
    roofs more than 16 feet above ground it will comply with the requirements of 29 CFR
    1926.500(g)(1)(ii), by use of a MSS system or a safety monitoring system, whenever its
    employees work between a warning line and the edge of the roof.

  3. The parties agree that nothing in this stipulation and settlement agreement is to be
    construed as an admission that respondent violated the OSH Act as alleged in the citation.

  4. Each party will bear its own fees, costs, and expenses as to the entire proceeding.

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