HOFFMAN CONST. CO. v. OCCUP. S & H REVIEW COM'N

No. 75-1741.

546 F.2d 281 (1976)

HOFFMAN CONSTRUCTION COMPANY, Appellant, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and John T. Dunlop, Secretary of the U. S. Department of Labor, Appellee.

United States Court of Appeals, Ninth Circuit.

November 1, 1976.


Attorney(s) appearing for the Case

Harry S. Chandler (argued), of Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for appellant.

Marc R. Hillson, Atty. (argued), U. S. Dept. of Labor, Washington, D. C., for appellee.

Before TRASK and GOODWIN, Circuit Judges, and JAMESON, District Judge.


GOODWIN, Circuit Judge:

Hoffman Construction Co., a subcontractor on the Trojan nuclear power plant at Rainier, Oregon, petitions for the review of an order of the Occupational Safety and Health Review Commission affirming a citation and assessing a penalty for a "serious violation" of the safety standards set forth in the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq.

The facts are as follows: While en route to the worksite of another...

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