DONOVAN v. A. AMORELLO & SONS, INC.

No. 84-1568.

761 F.2d 61 (1985)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. A. AMORELLO & SONS, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, First Circuit.

Decided May 8, 1985.


Attorney(s) appearing for the Case

Elizabeth S. Woodruff, U.S. Dept. of Labor, Washington, D.C., with whom Francis X. Lilly, Sol. of Labor, Frank A. White, Associate Sol., Washington, D.C., for Occupational Safety and Health, Judith N. Macaluso, Arlington, Va., Asst. Counsel for Appellate Litigation, and Albert H. Ross, Regional Sol., Dallas, Tex., were on brief for petitioner.

William J. LeDoux, Worcester, Mass., with whom Bowditch & Dewey, Worcester, Mass., was on brief for respondents.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and GIGNOUX, Senior District Judge.


BREYER, Circuit Judge.

The Occupational Health and Safety Administration charged A. Amorello & Sons, Inc. with violating an OSHA regulation, which states:

No employer shall permit earthmoving ... equipment which has an obstructed view to the rear to be used in reverse gear unless the equipment has in operation a reverse signal alarm distinguishable from the surrounding noise level or an employee signals that it is safe to do so.

29 C.F.R. §...

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