Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
A.A. Beiro Construction Company, Inc. ("Beiro") was one of a number of prime contractors engaged in the construction of the District of Columbia Convention Center. Beiro was cited for both serious and nonserious violations of section 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. §§ 651-78 ("the Act") following an Occupational Safety and Health Administration (...
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