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FLUOR CONSTRUCTORS v. OCCUPATIONAL S. & H. REV. C.

No. 87-4029.

861 F.2d 936 (1988)

FLUOR CONSTRUCTORS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1988.

Attorney(s) appearing for the Case

Carl B. Carruth (argued) McNair Law Firm, P.A., Columbia, S.C., for petitioner.

Ray H. Darling, Jr., Executive Secretary, OSHRC, Daniel J. Mick, Office of the Solicitor, U.S. Dept. of Labor, Barbara Werthmann (argued), Washington, D.C., for respondents.

Before KENNEDY, KRUPANSKY and BOGGS, Circuit Judges.

KENNEDY, Circuit Judge.

Fluor Constructors, Inc. petitions for review of a final order of the Occupational Safety and Health Review Commission (the Commission) finding Fluor in violation of an Occupational Safety and Health Administration (OSHA) construction standard, 29 C.F.R. § 1926.451(l)(4) (1987), for failure to require that an employee using a boatswain's chair scaffold be protected by a lifeline. In its petition Fluor argues that the Commission...

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