United States DC Circuit

In finding that plaintiff failed to protect its employees from fall hazards as they performed masonry work, defendant erroneously interpreted OSHA's overhand bricklaying exception from fall protection. The exception unmistakably states that fall protection is not required along the side of the scaffold next to the wall being laid.

Appellate Information

• Argued 10/14/2003
• Decided 03/19/2004
• Published 03/19/2004

Judges

• KAREN LeCRAFT HENDERSON, Circuit Judge:, Before:  HENDERSON, TATEL and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Roger L. Sabo argued the cause for the petitioner.


• For Appellees:
  
• John Shortall, Attorney, United States Department of Labor, argued the cause for the respondent.  Joseph M. Woodward, Associate Solicitor, and Ann S. Rosenthal, Counsel, United States Department of Labor were on brief.  Charles F. James, Attorney, United States Department of Labor, entered an appearance.