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S.G. LOEWENDICK & SONS, INC. v. REICH

No. 94-1662.

70 F.3d 1291 (1995)

S.G. LOEWENDICK & SONS, INC., Petitioner, v. Robert B. REICH, Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 21, 1995.

Attorney(s) appearing for the Case

Roger L. Sabo, Columbus, OH, argued the cause and filed the briefs, for petitioner.

Ronald J. Gottlieb, Far Rockaway, NY, United States Department of Labor, argued the cause, for respondents, with whom Joseph M. Woodward, Associate Solicitor, and Barbara U. Werthmann, Counsel, United States Department of Labor, Washington, DC, were on the brief. Ann S. Rosenthal, Counsel, United States Department of Labor, Arlington, VA, entered an appearance.

Before: BUCKLEY, GINSBURG, and TATEL, Circuit Judges.

TATEL, Circuit Judge:

The Secretary of Labor cited S.G. Loewendick & Sons, Inc., for violating a safety regulation prohibiting workers from riding on a load suspended by a crane. The Occupational Safety and Health Review Commission sustained the citation and assessed a fine. Loewendick challenges the fine, contending that the backhoe it suspended from a crane was a "personnel platform" exempt from the general prohibition of riding crane-suspended loads. On its...

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