A federal appeals court recently vacated an OSHA citation against a contractor for lack of “fair notice” even though the agency had properly interpreted the regulation. In Lake Building Products, Inc. v. Secretary of Labor, 2020 WL 2190772 (6th Cir. May 6, 2020), a contractor argued it did not have “fair notice” that OSHA would impose a citation related to the use of fall protection during erection and connection of steel. After the contractor contested the citation, an administrative law judge (“ALJ”) ruled in favor of OSHA and upheld the citation. On appeal, the Occupational Safety and Health Review Commission (“OSHRC”) declined to hear the contractor’s argument that the citation was improper.