REICH v. TRINITY INDUSTRIES, INC.

No. 92-2559.

16 F.3d 1149 (1994)

Robert B. REICH, United States Secretary of Labor, Petitioner, Cross-Respondent, v. TRINITY INDUSTRIES, INC., Respondent-Cross Petitioner, Occupational Safety and Health Review Commission, Respondent.

United States Court of Appeals, Eleventh Circuit.

March 22, 1994.


Attorney(s) appearing for the Case

John Shortall, U.S. Dept. of Labor, Washington, DC, for appellant.

Robert E. Rader, Jr., Dallas, TX, for appellee.

Before HATCHETT and COX, Circuit Judges, and RONEY, Senior Circuit Judge.


HATCHETT, Circuit Judge:

The Secretary of Labor petitions this court for review of the Occupational Safety and Health Commission's determination that Trinity Industries, Inc. did not "willfully" violate 29 U.S.C. § 654(a) and applicable regulations. We hold that the Commission misinterpreted the law, and Trinity willfully violated the Occupational Safety and Health Administration's (OSHA's) regulations.

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