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BORING & TUNNELING v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

No. 81-4284 Summary Calendar.

670 F.2d 13 (1982)

BORING & TUNNELING COMPANY OF AMERICA, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

January 22, 1982.

Attorney(s) appearing for the Case

W. Kyle Gooch, Dallas, Tex., for petitioner.

Earl R. Ohman, Jr., Nicholas T. Kuzmack, Washington, D. C., T. Timothy Ryan, Jr., Sol. of Labor, Domenique Kirchner, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.

PER CURIAM:

Boring & Tunneling Company (B&T) was a subcontractor engaged in a construction project in Fort Worth, Texas. Pursuant to contract it was boring a sixty-inch diameter hole under a roadway. Trenches were dug on each side of the roadway so that the boring could take place.

On April 8, 1980, a compliance officer under the Occupational Safety and Health Act made an inspection of the worksite. He clearly was well qualified, holding a bachelor...

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