It is hopefully no secret that the Occupational Safety and Health Administration (“OSHA”) regulations require employers to provide fall protection systems in certain circumstances. The type of protection required depends primarily on: (1) the nature of the work being performed; and (2) the environment in which it is performed. In Bergelectric Corp. v. Secretary of Labor, 925 F.3d 1167 (9th Cir. 2019), the 9th Circuit Court of Appeals was recently charged with deciding whether the installation of solar panels constituted “roofing work” for purposes of determining the applicable safety standards. The Court ultimately held that installing solar panels was not roofing work, and, as a result, affirmed a final order of the Occupational Safety and Health Review Commission (the “Commission”) that a contractor violated OSHA fall protection requirements by not complying “with the stricter safety standards governing work on unprotected sides and edges.” Given the growth of the solar industry, the decision in Bergelectric Corp. is significant.
billing cycle. Indeed, the PPA codified monthly progress billings as the standard payment arrangement on all Arizona construction projects. It was not, however, the understanding or practice of those in the construction industry that payment applications submitted at the end of a billing cycle were limited to work performed or materials furnished in the preceding 30 days. But this changed with the Arizona Court of Appeals’ recent decision in SK Builders, Inc. v. Smith. In SK Builders, the court held that the PPA provision stating that “billing[s] or estimate[s]” be based on “work performed and…materials supplied during the preceding thirty day billing cycle” means that the PPA does not apply to general contractors’ billings or estimates that contain work furnished outside the past 30 days.