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CLEVELAND ELEC. v. OSHRC

No. 89-3516.

910 F.2d 1333 (1990)

The CLEVELAND ELECTRIC ILLUMINATING COMPANY, Petitioner, v. The OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; The Secretary of Labor, Elizabeth H. Dole; and Utility Workers of America, Local 270, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided August 10, 1990.

Attorney(s) appearing for the Case

Kenneth B. Stark (argued), Duvin, Cahn & Barnard, Cleveland, Ohio, for petitioner.

Ray Darling, Secretary, Occupational Safety & Health Review Com'n, Washington, D.C., for respondent, Occupational Safety & Health Review Com'n.

Barbara Werthmann, Daniel J. Mick, Patrick D. Gilfillan (argued), Orlando Pannochia, U.S. Dept. of Labor, Office of Sol., Washington, D.C., for respondent, Elizabeth Howard Dole, Secretary of Labor.

Michael J. Coughlin, Utility Workers of America, Local 270, Cleveland, Ohio, for respondent, Utility Workers of America, Local 270.

Before MERRITT, Chief Judge; and KEITH and NORRIS, Circuit Judges.

ALAN E. NORRIS, Circuit Judge.

The Occupational Safety and Health Administration ("OSHA") cited The Cleveland Electric Illuminating Company ("CEI") for its failure to provide fall protection in its training program for apprentice electrical mechanics. The citation was based upon a construction industry regulation, 29 C.F.R. § 1926.951. CEI appealed the citation, arguing that the construction regulation did not apply...

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