AMERICAN BRIDGE/LASHCON v. REICH

No. 94-1557.

70 F.3d 131 (1995)

AMERICAN BRIDGE/LASHCON, a Joint Venture, 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

Richard R. Nelson, II, Pittsburgh, PA, argued the cause for petitioner, with whom Wayne C. Holcombe was on the briefs.

Ronald J. Gottlieb, United States Department of Labor, Pittsburgh, PA, argued the cause, for respondents, with whom Joseph M. Woodward, Associate Solicitor, and Ann S. Rosenthal, Appellate Counsel, United States Department of Labor, were on the brief for respondents. Barbara U. Werthmann, Counsel, United States Department of Labor, entered an appearance for respondents.

Before: EDWARDS, Chief Judge, SENTELLE and TATEL, Circuit Judges.


TATEL, Circuit Judge:

The Secretary of Labor cited American Bridge/Lashcon for violating safety regulations designed to protect workers from falls and to reduce the hazards from stored oxygen cylinders. The Occupational Safety and Health Review Commission sustained the citations and assessed fines. Relying on our decision in L.R. Willson & Sons, Inc. v. Donovan, 685 F.2d 664, 675 (D.C.Cir.1982) ("Willson I"), American...

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