McAFEE-GUTHRIE, INC. v. DIV. OF OCCUPATIONAL SAFETY

No. 1 CA-IC 2422.

128 Ariz. 508 (1981)

627 P.2d 239

McAFEE-GUTHRIE, INC., Petitioner, v. DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF the INDUSTRIAL COMMISSION OF ARIZONA, Respondent.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied April 7, 1981.

Review Denied April 21, 1981.


Attorney(s) appearing for the Case

Bethancourt & Fuller, P.C. by Donald O. Fuller, Mesa, for petitioner.

The Industrial Commission of Arizona, Calvin Harris, Chief Counsel by Roger Rea, Phoenix, for respondent.


FROEB, Judge.

Petitioner McAfee-Guthrie, Inc., was cited by the Division of Occupational Safety and Health of the Industrial Commission of Arizona (OSHA) pursuant to A.R.S. § 23-403 for two violations. The petitioner has exhausted his administrative remedies and brought this special action pursuant to A.R.S. § 23-423(I) to contest one of those violations.

On September 9, 1977, McAfee-Guthrie was installing sewer lines in Mesa. Two union pipefitters...

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