VANCO CONST., INC. v. DONOVAN

No. 83-4076.

723 F.2d 410 (1984)

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

United States Court of Appeals, Fifth Circuit.

January 23, 1984.


Attorney(s) appearing for the Case

Canterbury, Stuber, Elder & Gooch, Robert C. Elder, Jr., Dallas, Tex., for petitioner.

Domenique Kirchner, Dennis Kade, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before GEE and GARWOOD, Circuit Judges, and EAST, District Judge.


PER CURIAM:

Vanco Construction, Inc. (Vanco) has petitioned for review of a final order of the Occupational Safety and Health Review Commission (the Commission). The Commission found that Vanco violated 29 C.F.R. § 1926.102(a)(1) by failing to provide eye protection equipment to its employees engaged in chipping mounds of hard concrete with electric hammers. Vanco argues that the regulation is unconstitutionally vague, and that there is insufficient evidence...

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