Abstract: At approximately 1:45 p.m. on June 30, 2000, Employee #1, a carpenter for Bill Tarling Construction, was cutting a hole for a skylight on the roof of an addition to a commercial building under construction. He finished cutting the opening when, for some reason, he fell through it, dropping approximately 25 ft onto a concrete slab. Employee #1 was killed. The applicable safety standards in general were those per the Nicholson-Brown DAR (OSHAB 77-024). In this case, the "necessary and logical time" for fall protection to be used would have been after the sheeting was removed from the opening, when coworkers would have been exposed to falling through the opening. Since the opening did not exist until Employee #1 actually fell on the sheeting, the work had not progressed to the point where a hazard had been created. Therefore the requirement for fall protection did not exist. Further, T8CCR section 1669 (c), allowed short-term exposure in the presence of immediate and competent supervision, such as existed in this case. The employer had a well-devised and implemented safety program, including a fall protection program and equipment for its employees.