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SO. COLO. PRESTRESS v. OCCUP. SAF. & H. R. COM'N

No. 76-1974.

586 F.2d 1342 (1978)

SOUTHERN COLORADO PRESTRESS COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided November 6, 1978.

Attorney(s) appearing for the Case

Martin Semple, Denver, Colo. (Robert G. Good of Good & Stettner, Denver, Colo., on the brief), for petitioner.

Eric W. Cloud, Atty., 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, Allen H. Feldman, Asst. Counsel for Appellate Litigation, Marc R. Hillson, Atty., U. S. Dept. of Labor, Washington, D. C., on the brief), for respondents.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

HOLLOWAY, Circuit Judge.

This is an appeal by Southern Colorado Prestress Company (Prestress) from an order of the Occupational Safety and Health Review Commission (the Commission). In that order the Commission affirmed the decision of an administrative law judge holding that Prestress had committed a serious violation of the safety standard set forth at 29 C.F.R. § 1926.105(a) and (b)—a standard which Prestress was required to comply with by the duty...

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