b'Industry NewsKY Roofing Companies Successful in Defending Citations for Alleged Violations of Fall Protection on Low Sloped Roofing ProjectsWe are pleased to report that, on May 8, 2023, Judgehaving a safety monitor. The MRCA member had been Phillip J. Shepherd issued his Opinion and Order affirmingcited for the same alleged violation.the decision of the Review Commission by finding thatThe employer who had been cited first filed a Notice the standard at issue (1926.501(b)(10)) was ambiguousof Contest and a hearing officer in Kentucky affirmed enough that deference to the Commission was warranted.the violation, but vacated the penalty based on the Accordingly, the decision affirmed the Commissionsemployers good faith reliance on the Ellis letteran holding that a second form of fall protection is not requiredadvisory letter by Federal OSHA interpreting 1926.501(b)when employees are working within a warning line system(10). The cited employer subsequently appealed that on a low-sloped roof. While this is a great outcome fordecision to the Kentucky Review Commission, which MRCA members in the Commonwealth of Kentucky,vacated the citation in its entirety. KYOSHA then appealed the decision is still subject to appeal. We will keep youthe decision of the Review Commission into Franklin Circuit apprised of any changes. Court, Division 1 in Kentucky. As previously reported, several months ago, MRCAsAfter having determined that the issue presented potential General Counsel, Gary Auman, was contacted by animpacts for all MRCA members in the Commonwealth attorney representing a MRCA member in Kentuckyof Kentucky, the MRCA Board determined it would be about a recent citation by Kentucky OSHA (KYOSHA).important to get involved. MRCAs General Counsel MRCAs member reported that another Kentucky roofingthen successfully petitioned the Franklin Circuit Court contractor (another MRCA member) had been citedto participate in the briefing process by way of filing a by KYOSHA for alleged violations of fall protection on afriend of the court brief (amicus curiae) on behalf of its low-sloped roofing project in Kentucky. The citation wasmembers to add its arguments on the interpretation of issued under Federal OSHA Standard 1926.501(b)(10)Federal OSHA Standard 1926.501(b)(10).(which had been adopted by KYOSHA), and alleged that the employer had an employee working inside theirThis decision demonstrates one of the many ways in warning line without wearing a personal fall arrest systemwhich the MRCA is The Roofing Contractors Advocate. (PFAS), using a guardrail system, or a safety net system or SkillsUSAs First Roofing Event at National CompetitionKyleCameronfromSouth Hutchinson,Kansas,wonfirst placeintheSkillsUSAnational commercial roofing competition held June 21-22 during SkillsUSAs NationalLeadership&Skills Conference in Atlanta. Cameron recently finished his junior year at Hutchinson Career and Technical Kyle Cameron fromEducation Academy. South Hutchinson, Kansas Students from throughout the U.S. competed in state competitions to earn the right toAdditional information aboutJudges John Daly, Steve compete for the national title; four students made it toDouglas, Dan Hafleythe national contest. Leif Dampf from Virginia Beach,SkillsUSAs National LeadershipKRA membersVa., placed second; Brandon Lopez from Simpsonville,& Skills Conference is available at nlsc.skillsusa.org. S.C., placed third; and Mia Pulido from Hammond, Ind.,Kurt Steinkuhler, a Member of MRCA, NRCA and KRA, placed fourth.was asked to help run the roofing division of Skills USA by Forwinningthecommercialroofingcompetition,NRCA. Kansas Roofing Association donated the materials Cameron received a trophy, $1,000 from NRCA and afor the mockups and Beacon and Carlisle donated the gold medal from SkillsUSA. materials used. Each Contestant also received a 5 gal bucket of hand tools donated by Beacon.10 www.mrca.orgMidwest Roofer'