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REGIONAL SCAFFOLDING & HOISTING CO., INC. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

No. 145, Docket 88-4080.

865 F.2d 16 (1988)

REGIONAL SCAFFOLDING & HOISTING CO., INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Angelo J. Genova, DeMaria, Ellis & Hunt, Newark, N.J. (James M. Burns, DeMaria, Ellis & Hunt; Barry Asen, Roberts & Finger, New York City, of counsel), for petitioner.

John Shortall, Office of the Sol., U.S. Dept. of Labor, Washington, D.C. (George R. Salem, Cynthia L. Attwood, Ann Rosenthal, U.S. Dept. of Labor, Washington, D.C., of counsel), for respondent.

Before OAKES, MINER and ALTIMARI, Circuit Judges.

PER CURIAM:

Petitioner Regional Scaffolding & Hoisting Co., Inc., seeks review of a final order of the Occupational Safety and Health Review Commission. Petitioner was cited for violating a regulation during erection of a personnel hoist at a construction site. The only issue on appeal is whether the regulation applies during the installation of hoists. We find that it does.

The regulation, 29 C.F.R. § 1926.552(c)(8) (1987), provides that personnel...

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