In October 2022, Trinity had contracted to install panels on a two-story family home in South Orange, NJ. The multi-day project involved installing panels on two separate roofs of the residence, the upper roof, which was 22 feet in height, and the lower roof which was 12 feet in height. Trinity had two teams working at this site, one team worked on the upper roof and the other team worked on the lower roof.

Angel Camacho was the team lead/foreman for the “main crew.” Four workers worked on the upper roof, two on either side of the ridge line, while two workers worked on the lower roof. They would access each roof using two designated ladders, the “large” ladder to get to the upper roof and another ladder to reach the lower roof. Trinity’s workers wore personal fall-arrest systems (PFAS) while working. These consisted of a body harness, a lanyard/lifeline, clips/connectors and, in some instances, a “shock pack.”

A lanyard would connect from the anchorage point on the roof to the body harness worn by the worker. The lanyard connected to the body harness by a clip. Two types of lanyards were utilized here, a Y-lanyard used as work-positioning device, which attached to the front of the body harness at the waist, and a shock absorbing lanyard, which attached to the back of the body harness. The shock pack was used as a fall arrest device because it would absorb the impact if a worker fell six feet. Critical to the proper function of the PFAS is ensuring that the lanyard is connected to the anchor in the roof.

Here, on the first day of the project, Mr. Camacho and another worker installed the anchors on the roof. Pursuant to company policy, the anchors would not be moved or removed until final project completion. Trinity utilized the “first man up technique,” which in effect means that the first person on the roof is in charge of putting down the anchors and connecting all the lines for use. Mr. Camacho would connect the workers’ personal rope lines, and they would remain on the roof all day. Mr. Camacho would take the lines down at the end of the day and return them to the workers. The rope lines were not left in place overnight although the anchors remained in place for the duration of the project. At issue here were the clips attached to the lifelines on the upper roof and lower roof as depicted in certain marked photographs. These clips would attach to a worker’s harness, with one being the clip connecting the work positioning lanyard and the other connecting to the shock pack.

On Oct. 4, 2022, work began at 8 a.m. and the workers worked on the two roofs without incident. The decedent worker had been working on the upper roof. The team broke for lunch and at some point, after lunch, the decedent fell. No one saw him on any roof surface before the fall nor did they know where he was just prior to the fall. He was wearing his harness, but it was not connected to an anchored rope line. Tragically, he succumbed to his injuries.

OSHA was called to the scene and an officer arrived 40 minutes after the incident. The OSHA officer took pictures at the site from street-level, only, and did not take any measurements. Following the inspection and subsequent interviews, OSHA cited Trinity for failing to utilize any means of fall protection during the process of entry and exit from the roof.

Although the Secretary of Labor was alleging that the decedent fell “while stepping on the roof,” during the hearing and subsequent evidentiary findings the judge determined that it was unclear where the decedent was at the time he fell, and whether he fell while climbing the ladder or from the rooftop itself. Moreover, Trinity’s employees consistently testified that the rope lines were “reachable” by the worker as they climbed the ladder to comply with Trinity’s safety policy.

Decision – Based on the credible evidence submitted, the Judge found that it was more likely that an anchored rope line was reachable by the Trinity worker from the ladder when they attempted to enter onto the roof. The Secretary’s assertions that the rope lines were too far away for the worker to connect without leaving the ladder, leading him to access the upper roof without being tied off, failed and the citation was dismissed.

About the author: Costas Cyprus, Esq., practices construction law and commercial litigation with Welby, Brady & Greenblatt, LLP, in White Plains, NY. He can be reached at 914-428-2100 and  [email protected]. The articles in this series do not constitute legal advice and are intended for general guidance only.

Published: March 13, 2025.