BORTON, INC. v. OCCUP. SAF. & HEALTH REVIEW COM'N

No. 82-1661.

734 F.2d 508 (1984)

BORTON, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

May 16, 1984.


Attorney(s) appearing for the Case

William F. Bradley, Jr., Hutchinson, Kan. (William B. Swearer, Hutchinson, Kan., on the brief), of Martindell, Carey, Hunter & Dunn, Hutchinson, Kan., for petitioner.

Domenique Kirchner, Atty., Washington, D.C. (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, James E. White, Regional Sol., Dallas, Tex., and W. Eric Cloud, U.S.Dept. of Labor, Washington, D.C., with her on the brief) for respondent.

Before SETH, Chief Judge, and HOLLOWAY and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

Borton, Inc. seeks review of a finding by the Occupational Safety and Health Review Commission that Borton violated § 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2), by failing to comply with 29 C.F.R. § 1926.451(a)(13), which deals with access to scaffolding on construction sites.

Borton is a contractor engaged in the construction of grain silos. A Borton employee died in an accident at a construction...

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