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O.S. STEEL ERECTORS v. BROOKS

No. 8610SC779.

353 S.E.2d 869 (1987)

O.S. STEEL ERECTORS v. John C. BROOKS, Commissioner of Labor of North Carolina.

Court of Appeals of North Carolina.

March 17, 1987.

Attorney(s) appearing for the Case

Seavy A. Carroll, Fayetteville, for petitioner-appellant.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Ralf F. Haskell, Raleigh, for respondent-appellee.

PARKER, Judge.

The central question presented on this appeal is whether there was substantial evidence in the record before the Safety and Health Review Board justifying a conclusion that petitioner had committed a willful-serious violation of an OSHA regulation. A "serious violation" is defined in G.S. 95-127(18) as being the existence of a condition in the work place from which there is a "substantial probability that death or serious physical harm could result...

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