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DONOVAN v. DANIEL CONST. CO., INC.

No. 82-1193.

692 F.2d 818 (1982)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. DANIEL CONSTRUCTION CO., INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, First Circuit.

Decided November 17, 1982.

Attorney(s) appearing for the Case

Andrea C. Casson, Atty., U.S. Dept. of Labor, Washington, D.C., with whom T. Timothy Ryan, Jr., Sol. of Labor, Frank A. White, Associate Sol. for Occupational Safety and Health, Dennis K. Kade, Washington, D.C., Counsel for Appellate Litigation, and Thomas L. Holzman, Washington, D.C., were on brief, for petitioner.

George A. Harper, Greenville, S.C., with whom Carl B. Carruth, and Thompson, Mann & Hutson, Greenville, S.C., were on brief, for respondent Daniel Const. Co.

Before DAVIS, CAMPBELL and BOWNES, Circuit Judges.

DAVIS, Circuit Judge.

The Occupational Safety and Health Commission decided that respondent Daniel Construction Company (Daniel) violated § 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2) (1976), by failing to separate open wiring in an electrical receptacle from conducting materials. But the Commission also held, with one dissent, that no penalty would be assessed nor abatement required, as the violation was de minimis. The...

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