dissenting.
Larry Smith brought a slip and fall claim against his employer, CSX Transportation, Inc., seeking damages under the Federal Employer’s Liability Act (FELA). On appeal from the judgment entered on the jury verdict rendered against his claim, he enumerates two errors, neither of which has merit.
First, he claims: “The trial court erred in allowing the jury to hear evidence of, and determine whether, Plaintiff was out of service because, as a matter of law Plaintiff was within the broad scope of protection of the FELA, 45 U. S. C. § 51 et seq.” Smith complains that the trial court erred by allowing evidence to be introduced at trial about whether or not CSX had placed him “out of service” — in other words relieved him of his work duties — at the time of his slip and fall injury on stairs located in a CSX office building. He contends that, at the time of his injury, evidence showed as a matter of law that he was covered by FELA, and that evidence regarding whether he was “out of service” may have erroneously caused the jury to find that he was not covered by FELA.
Prior to trial, Smith filed a motion in limine seeking to exclude evidence of “past railroad discipline” against him, one example of *905which was evidence that, the day prior to his injury, CSX claimed to have placed him “out of service” because he violated a rule related to his employment. Although the trial court granted the motion in limine, Smith introduced evidence in his case-in-chief raising the issue of whether he had been placed “out of service” by CSX, and whether “out of service” meant that he was prohibited from going on CSX property, or was prohibited from attending the union safety meeting on CSX property at which he was injured. Prior to introducing this evidence, Smith’s counsel engaged in colloquy with the trial judge over the scope of the judge’s ruling on the motion in limine. Smith’s counsel stated that, “I think what we discussed in the motions in limine is that the specific discipline was not relevant to what happened. . . . What’s relevant is they claim they took him out of service, and that’s fine. They can argue that we saw him violating a rule and took him out of service.” Thereafter, Smith testified on direct examination about the “out of service” issue, including testimony that no one at CSX told him he was “out of service,” and that, even if he had been “out of service,” that did not affect his right to be engaged in a work-related activity in the CSX office building by attending the union safety meeting at which he was injured. When defense counsel cross-examined Smith on this testimony, Smith’s counsel objected on the basis that the “out of service” issue was not relevant. The trial court properly overruled the objection. Given his counsel’s concession about the scope of the motion in limine ruling, and the testimony Smith himself gave on the “out of service” issue, Smith cannot complain that the trial court erred by allowing CSX to cross-examine him and present evidence concerning this issue. Bd. of Regents &c. v. Ambati, 299 Ga. App. 804, 808 (685 SE2d 719) (2009); T & M Investments v. Jackson, 206 Ga. App. 218, 220 (425 SE2d 300) (1992).
Second, Smith claims that the trial court erred by refusing to give the following jury charge:
Plaintiff contends the Defendant Railroad did not comply with O. S. H. A. 29 C. F. R. 1910.24 (f), which demands, “Stair treads. All treads shall be reasonably slip-resistant and the nosings shall be of nonslip finish. Welded bar grating treads without nosings are acceptable providing the leading edge can be readily identified by personnel descending the stairway and provided the tread is serrated or is of definite nonslip design. Rise height and tread width shall be uniform throughout any flight of stairs including any foundation structure used as one or more treads of the stairs.”
I charge you that if you believe from the evidence that the Defendant Railroad violated this regulation, then you *906may consider this violation as evidence of negligence on the part of the Defendant Railroad and a failure of the Defendant Railroad to provide a reasonably safe place to work.
The above request to charge was based on Smith’s contention that the stairs on which he slipped and fell, located in a CSX office building, were governed by subsection (f) of the Occupational Safety and Health Act (OSHA) standard entitled “Fixed industrial stairs” set forth in 29 CFR § 1910.24, and that CSX’s violation of this standard was evidence of its negligence.
OSHA standards may be categorized into four broad subject areas: General Industry Standards [in 29 CFR Part 1910]; Maritime and Longshoring Standards [in 29 CFR Parts 1915 and 1918]; Construction Standards [in 29 CFR Part 1926]; and Agricultural Standards [in 29 CFR Part 1928],
Mark A. Rothstein, Occupational Safety and Health Law, § 4:1 (West 2009). 29 CFR § 1910.24 is found in a subpart of the General Industry Standards titled “Subpart D: Walking-Working Surfaces,” set forth in 29 CFR §§ 1910.21 to 1910.30. The complete OSHA standard for “Fixed industrial stairs” is set forth in 29 CFR § 1910.24 subsections (a) through (i) and provides the following:
(a) Application of requirements. This section contains specifications for the safe design and construction of fixed general industrial stairs. This classification includes interior and exterior stairs around machinery, tanks, and other equipment, and stairs leading to or from floors, platforms, or pits. This section does not apply to stairs used for fire exit purposes, to construction operations to private residences, or to articulated stairs, such as may be installed on floating roof tanks or on dock facilities, the angle of which changes with the rise and fall of the base support.
(b) Where fixed stairs are required. Fixed stairs shall be provided for access from one structure level to another where operations necessitate regular travel between levels, and for access to operating platforms at any equipment which requires attention routinely during operations. Fixed stairs shall also be provided where access to elevations is daily or at each shift for such purposes as gauging, inspection, regular maintenance, etc., where such work may expose employees to acids, caustics, gases, or other harmful substances, or for which purposes the carrying of tools or *907equipment by hand is normally required. (It is not the intent of this section to preclude the use of fixed ladders for access to elevated tanks, towers, and similar structures, overhead traveling cranes, etc., where the use of fixed ladders is common practice.) Spiral stairways shall not be permitted except for special limited usage and secondary access situations where it is not practical to provide a conventional stairway. Winding stairways may be installed on tanks and similar round structures where the diameter of the structure is not less than five (5) feet.
(c) Stair strength. Fixed stairways shall be designed and constructed to carry a load of five times the normal live load anticipated but never of less strength than to carry safely a moving concentrated load of 1,000 pounds.
(d) Stair width. Fixed stairways shall have a minimum width of 22 inches.
(e) Angle of stairway rise. Fixed stairs shall be installed at angles to the horizontal of between 30 (degrees) and 50 (degrees). Any uniform combination of rise/tread dimensions may be used that will result in a stairway at an angle to the horizontal within the permissible range. Table D-l gives rise/tread dimensions which will produce a stairway within the permissible range, stating the angle to the horizontal produced by each combination. However, the rise/tread combinations are not limited to those given in Table D-l.
[Table D-l omitted]
(f) Stair treads. All treads shall be reasonably slip-resistant and the nosings shall be of nonslip finish. Welded bar grating treads without nosings are acceptable providing the leading edge can be readily identified by personnel descending the stairway and provided the tread is serrated or is of definite nonslip design. Rise height and tread width shall be uniform throughout any flight of stairs including any foundation structure used as one or more treads of the stairs.
(g) Stairway platforms. Stairway platforms shall be no less than the width of a stairway and a minimum of 30 inches in length measured in the direction of travel.
(h) Railings and handrails. Standard railings shall be provided on the open sides of all exposed stairways and stair platforms. Handrails shall be provided on at least one side of closed stairways preferably on the right side descending. *908Stair railings and handrails shall be installed in accordance with the provisions of § 1910.23.16
(i) Vertical clearance. Vertical clearance above any stair tread to an overhead obstruction shall be at least 7 feet measured from the leading edge of the tread.
“In determining the application of a standard, the wording of the standard must be interpreted in a reasonable manner, consistent with common sense understanding. The words in a standard are to be viewed in context, not in isolation, and judged in light of its application to the facts of the case.” (Citation omitted.) Secretary of Labor v. Spirit Homes, 2002 WL 31163770, *7 (OSHRC,17 Docket Nos. 00-1807; 00-1808, ALJ, Sept. 30, 2002). The OSHA standard for “Fixed industrial stairs” is part of the OSHA standards regulating General Industry in 29 CFR Part 1910. CSX operates in the railroad industry in interstate commerce and is subject to OSHA, the purpose of which is
to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources ... by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment [and] by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses. . . .
29 USC § 651 (b) (1), (3); Southern Pacific Transp. Co. v. Usery, 539 F2d 386 (5th Cir. 1976). The OSHA standard at 29 CFR § 1910.24 advances this purpose by requiring specialized design and construction specifications for “Fixed industrial stairs” to protect employees whose occupations expose them to recognizable industrial hazards in the workplace. Undoubtedly, parts of CSX’s railroad business subjects employees to industrial hazards which the “Fixed industrial stairs” standard is intended to protect against. But the injury in this case occurred when Smith slipped on stairs located in a CSX administration office building. There was no evidence that any industrial hazard existed at the office building that would have required CSX to construct “Fixed industrial stairs” to the specifica*909tions set forth in 29 CFR § 1910.24 in order to protect its employees from those hazards. See Secretary of Labor v. Williams & Davis Boilers, Inc., 1980 WL 10408, *11 (OSHRC, Docket No. 79-3817, ALJ, Sept. 19, 1980) (finding that stairs leading to an office and stockroom at a business were “ordinary building stairs” governed not by “Fixed industrial stairs” requirements but by general stairway standards in 29 CFR § 1910.23 (d)). There was also no evidence that CSX was cited for violation of the OSHA standard for “Fixed industrial stairs.” Viewed in context, common sense dictates that the OSHA standard for “Fixed industrial stairs” did not apply to the facts of this case, and that the trial judge correctly refused to give the requested jury charge. I respectfully dissent.
Decided October 25, 2010 Reconsideration denied November 23, 2010 Michael J. Warshauer, Douglas C. Dumont, for appellant. Casey Gilson, James E. Gilson, Karen R. Dunbar, for appellee.I am authorized to state that Judge Johnson and Judge Doyle join in this dissent.
29 CFR § 1910.23 (d) contains general standards for stairway railings and guards.
The Occupational Safety and Health Review Commission (OSHRC) is the body charged with adjudicating citations issued by the Secretary of Labor under OSHA. Indus. Union Dept., AFL-CIO v. American Petroleum Institute, 448 U. S. 607, 683 (100 SC 2844, 65 LE2d 1010) (1980) (Rehnquist, J., concurring).