SPANCRETE NORTHEAST, INC. v. OSHRC

No. 722, Docket 89-4111.

905 F.2d 589 (1990)

SPANCRETE NORTHEAST, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided May 22, 1990.


Attorney(s) appearing for the Case

Harry R. Hayes, III, Albany, N.Y. (Hayes & Hayes, Albany, N.Y., of counsel), for petitioner.

Charles F. James, Atty., U.S. Dept. of Labor Office of the Sol. Washington, D.C. (Robert P. Davis, Sol. of Labor, Cynthia L. Attwood, Associate Sol. for Occupational Safety and Health, Ann Rosenthal, Counsel for Appellate Litigation, Washington, D.C., of counsel), for respondent U.S. Dept. of Labor.

Before VAN GRAAFEILAND, MINER and WALKER, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

Spancrete Northeast, Inc. petitions for review of that part of an Occupational Safety and Health Review Commission order which held that Spancrete's failure to require its employees to use safety belts while grouting the second floor of a building under construction violated section 5(a)(2) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(2), and more specifically a construction standard promulgated pursuant...

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