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MARSHALL v. KNUTSON CONST. CO.

No. 76-1979.

566 F.2d 596 (1977)

Ray MARSHALL, Secretary of Labor, Petitioner, v. KNUTSON CONSTRUCTION COMPANY and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1977.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation and Stephen A. Bokat, Atty., U. S. Dept. of Labor, Washington, D.C., for petitioner.

Timothy M. O'Brien, and Robert P. Christensen of Carlsen, Greiner & Law, Minneapolis, Minn., for respondent, Knutson Const. Co.

Before GIBSON, Chief Judge, VOGEL, Senior Circuit Judge, and BRIGHT, Circuit Judge.

PER CURIAM.

The principal issue on this appeal is whether the Occupational Safety and Health Review Commission (Commission) committed reversible error in determining that Respondent Knutson Construction Company was not in serious violation of § 5(a)(2) of the Occupational Safety and Health Act (Act), 29 U.S.C. § 654(a)(2), when a scaffold used by one of its subcontractors failed to comply with a safety standard promulgated by the Secretary of Labor (Secretary...

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