GEORGE HYMAN CONST. CO. v. OCCUPATIONAL SAFETY

No. 77-1591.

582 F.2d 834 (1978)

GEORGE HYMAN CONSTRUCTION COMPANY, Appellant, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, etc., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1978.

As Amended October 17, 1978.


Attorney(s) appearing for the Case

Peter Chatilovicz, Washington, D. C. (Donald W. Savelson, Arent, Fox, Kintner Plotkin & Kahn, Washington, D. C., on brief), for appellant.

Jeffrey L. Berger, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., on brief), for appellee.

E. Carl Uehlein, Jr. and George A. Stohner, Morgan, Lewis & Bockius, Washington, D. C., on brief, for amicus curiae, Associated Gen. Contractors of America, Inc.

Before HAYNSWORTH, Chief Judge, and WINTER and LAY, Circuit Judges.


LAY, Circuit Judge.

George Hyman Construction Co. appeals from a decision of the Occupational Safety & Health Review Commission (OSHRC) assessing penalties for repeated violations under the Occupational Safety & Health Act (OSHA), 29 U.S.C. §§ 651-678. Hyman Construction Co. is a large general contractor that performs work at 20 to 30 worksites at any given time. Each job site employs a different job superintendent who normally remains at the site...

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