NEW ENGLAND TEL. & TEL. CO. v. SECRETARY OF LABOR

No. 78-1266.

589 F.2d 81 (1978)

NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, Petitioner, v. SECRETARY OF LABOR, United States Department of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, First Circuit.

Decided December 29, 1978.


Attorney(s) appearing for the Case

William J. McDonald, Boston, Mass., with whom Elizabeth B. Flaherty, William R. Blane, and C. Duane Aldrich, Boston, Mass., were on brief, for petitioner.

Nancy L. Southard, Atty., Dept. of Labor, Washington, D. C., with whom Carin A. Clauss, Sol. of Labor, Albert H. Ross, Regional Sol., Benjamin W. Mintz, Associate Sol., for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for Appellate Litigation, and Dennis K. Kade, Asst. Counsel for Appellate Litigation, Washington, D. C., were on brief, for the Secretary of Labor.

Before ALDRICH and CAMPBELL, Circuit Judges, and SKINNER, District Judge.


PER CURIAM.

One of petitioner New England Telephone and Telegraph Company's supervisors, on July 24, 1974, inspected a construction site and found that the incompleted stairs were supplied with proper temporary safety fillers. On July 25, when one of its installers was, so far as appears, obliged to use the stairs, the general contractor had removed the fillers in anticipation of placing permanent treads. Finding that the fillers had been removed sooner than need...

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