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ANNING-JOHNSON CO. v. UNITED STATES O. S. & H. R. COM'N

Nos. 74-1381, 74-1382.

516 F.2d 1081 (1975)

ANNING-JOHNSON COMPANY and Workinger Electric, Incorporated, Petitioners, v. UNITED STATES OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Peter J. Brennan, Secretary of Labor, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 27, 1975.

Attorney(s) appearing for the Case

John A. Jeffries, Steven H. Adelman, Chicago, Ill., for petitioner.

McNeill Stokes, Atlanta, Ga., for amicus curiae.

Carla A. Hills, Asst. Atty. Gen., Judith H. Norris, Atty., App. Section, Civ. Div., Dept. of Justice, Washington, D. C., for respondents.

Before STEVENS, SPRECHER and TONE, Circuit Judges.

SPRECHER, Circuit Judge.

The single narrow issue in this appeal is whether subcontractors working at a multi-employer construction site can receive citations and be held liable for penalties under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. [OSHA], for non-serious violations of standards promulgated by the Secretary of Labor to which their employees were exposed, but which the subcontractors neither created nor were responsible for...

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