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  • Writer's pictureRegion II

Recent Court Decision - Installing Solar Panels on a Roof

"FYI - A recent US Ninth Circuit Court of Appeals decision may be of interest to some of our VPP sites, especially if you plan to have contractors installing solar panels on a roof.

The panel denied a petition for review of a final order of the Occupational Safety and Health Review Commission (OSHRC) affirming a citation that Bergelectric Corp. violated OSHA’s fall protection standards in 29 C.F.R. § 1926.501(b)(1). The panel concluded that Bergelectric was not performing roofing work when it installed solar panels on a roof, and substantial evidence supported the finding that that it did not comply with the stricter safety standards of 29 C.F.R. § 501(b)(1) governing work on unprotected sides and edges. The panel rejected Bergelectric’s argument that its installation of solar panels on the hanger roof was governed by the laxer standard for roofing work on low-sloped roofs in 29 C.F.R. § 1926.501(b)(1), rather than the stricter general standard applied to unprotected sides and edges. Please see the link below for the full decision:

If you are planning to install solar panels on a roof at your VPP site, please coordinate with your contractor prior to the start of work to ensure they will be complying with the proper fall protection standard.

Thank you for participating in the Voluntary Protection Program."


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