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CENTURY STEEL ERECTORS, INC. v. DOLE

No. 88-1621.

888 F.2d 1399 (1989)

CENTURY STEEL ERECTORS, INC., Petitioner, v. Elizabeth DOLE, Secretary of Labor, United States Department of Labor, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 3, 1989.

Attorney(s) appearing for the Case

Richard R. Nelson II, Pittsburgh, Pa., for petitioner.

Barbara A. W. McConnell, Counsel, U.S. Dept. of Labor, with whom Cynthia L. Attwood, Associate Sol., Occupational Safety and Health Review Com'n, and Ann Rosenthal, Counsel, U.S. Dept. of Labor, Washington, D.C., were on the brief, for respondent.

Before BUCKLEY and WILLIAMS, Circuit Judges, and ROBINSON, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Century Steel Erectors, Inc. petitions for review of an Occupational Safety and Health Review Commission order finding Century in violation of 29 C.F.R. § 1926.105(a). That regulation requires employers to provide safety nets at workplaces more than twenty-five feet above a surface where the use of other protective devices (e.g., safety belts) is impractical. The Commission...

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