Question: 1 When a particular custom and practice of an industry

1. When a particular custom and practice of an industry have been established, is it necessary for OSHA to still regulate in that area? Why or why not?
2. OSHA determined that a flat roof cannot be considered a temporary floor. Corbesco argued otherwise. Is it fair to Corbesco that it is cited when the regulation is not specific and is open to interpretation?
3. OSHA officers had visited the site several times prior to the accident but had never informed Corbesco that safety nets were needed. As a government agency, OSHA has immunity from lawsuits for negligent or improper safety inspections. Is it right for OSHA to issue the citation when the agency had failed to notify Corbesco of the violation?

Corbesco was an industrial roofing company that was hired to install roofing and insulation at a site where workers were on the roof of a hanger that was 60 feet high. Although the roof was essentially flat and there was little danger of slippage due to its slope, the nature the work required the workers to kneel or stand on the edge of the roof. This resulted in high winds posing a significant danger to the workers and Corbesco regularly sought wind and weather forecasts from the National Weather Service. Mathew, one of Corbesco’s workers installing insulation on the roof, lost his balance after a wind gust caught the sheet of insulation he was holding and was killed. OSHA issued a citation and penalty based on an OSHA safety net regulation.

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  • CreatedNovember 06, 2014
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