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F.A. GRAY v. OCCUPATIONAL SAFETY AND HEALTH REVIEW

No. 85-1482.

785 F.2d 23 (1986)

F.A. GRAY, INC., Petitioner, v. The OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, First Circuit.

Decided March 6, 1986.

Attorney(s) appearing for the Case

Michael E. Chubrich with whom Shaines, Madrigan & McEachern, Portsmouth, N.H., was on brief, for petitioner.

John Shortall, U.S. Dept. of Labor, with whom Francis X. Lilly, Sol. of Labor, Frank A. White, Associate Sol. for Occupational Safety and Health, Joseph M. Woodward, Counsel for Appellate Litigation, and Andrea C. Casson, Asst. Counsel for Appellate Litigation, Washington, D.C., were on brief, for respondent.

Before CAMPBELL, Chief Judge, and BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

F.A. Gray, Inc. ("Gray"), a painting contractor, petitions for review of a decision of the Occupational Safety and Health Review Commission (OSHRC) that it violated OSHA regulation 29 C.F.R. § 1926.28(a), which provides in relevant part:

The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions....

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