AUSTIN BLDG. CO. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

No. 79-1114.

647 F.2d 1063 (1981)

AUSTIN BUILDING COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided May 8, 1981.


Attorney(s) appearing for the Case

Steven R. McCown, Dallas, Tex. (Phillip R. Jones, also of Clark, West, Keller, Butler & Ellis, Dallas, Tex., with him, on brief), for petitioner.

Allen H. Feldman, Acting Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Nancy L. Southard, Acting Asst. Counsel for Appellate Litigation, Rita E. Seeligson, Atty., and T. A. Housh, Jr., Regional Sol., Washington, D. C., with him, on brief), for respondents.

Before SETH, Chief Judge, LOGAN, Circuit Judge, and TEMPLAR, District Judge.


LOGAN, Circuit Judge.

Austin Building Company seeks review of an order of the Occupational Safety and Health Review Commission (OSHRC), finding Austin guilty of four serious and two nonserious violations of the Occupational Safety and Health Act (OSHA or the Act), 29 U.S.C. § 651 et seq. After a consolidated hearing covering the citations from two inspections, an administrative law judge found Austin guilty of the violations charged and assessed $900 in...

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