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DAVID GAINES ROOFING, LLC v. KOSHRC

No. 2010-CA-001050-MR.

344 S.W.3d 145 (2011)

DAVID GAINES ROOFING, LLC, Appellant, v. KENTUCKY OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; and Kentucky Department of Labor, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals July 1, 2011.

Discretionary Review Denied by Supreme Court August 17, 2011.

Attorney(s) appearing for the Case

John H. Gray , Frankfort, KY, for appellant.

Frederick G. Huggins , Frankfort, KY, for appellee, Kentucky Occupational Safety and Health Review Commission.

James R. Grider, Jr. , Frankfort, KY, for appellee, Kentucky Labor Cabinet.

Before CAPERTON and DIXON, Judges, LAMBERT, Senior Judge.

OPINION

DIXON, Judge:

On February 22, 2006, two employees of Appellant, David Gaines Roofing, LLC, were working on a roofing project in Lexington, Kentucky. Anthony Bledsoe, a compliance officer with the Kentucky Labor Cabinet, visited the construction site after receiving a telephone referral that the roofers were not wearing fall protection safety equipment. Bledsoe observed two men on the roof of a two...

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