AUSTIN COM. v. OCCUPATIONAL SAFETY & HEALTH

No. 79-1344.

610 F.2d 200 (1979)

AUSTIN COMMERCIAL, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and F. Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

December 14, 1979.


Attorney(s) appearing for the Case

Clark, West, Keller, Sanders & Butler, Steven R. McCown, Phillip R. Jones, Dallas, Tex., for petitioner.

Carin A. Clauss, Sol. of Labor, U. S. Dept. of Labor, Ronald R. Glancz, U. S. Dept. of Justice, Civil Div., Appellate Staff, Al J. Daniel, Jr., Ray H. Darling, Jr., Executive Secretary, OSHRC, Domenique Kirchner, Allen H. Feldman, Benjamin W. Mintz, Nancy L. Southard, U. S. Dept. of Labor, Washington, D. C., James E. White, Reg. Sol., Dallas, Tex., for respondents.

Before BROWN, TJOFLAT and GARZA, Circuit Judges.


PER CURIAM:

Appellant Austin Commercial (Austin) was the prime contractor on a building under construction in Dallas, Texas. On January 9, 1978, Austin's employees were raising a beam bottom form from the seventh floor to the eighth floor.1 The form was raised by two ratchet jacks suspended from saw horses on the level of the eighth floor. One jack was attached to its saw horse by a piece of chain...

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