EMPIRE v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

No. 97-1392.

136 F.3d 873 (1998)

EMPIRE COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and the Secretary of Labor, Respondents.

United States Court of Appeals, First Circuit.

Decided March 16, 1998.


Attorney(s) appearing for the Case

Jay A. García-Gregory, with whom Luis A. Oliver-Fraticelli and Fiddler, González & Rodriguez were on brief for petitioner.

Terri Parker DeLeon, Attorney, U.S. Department of Labor, Office of the Solicitor-Occupational Safety and Health, with whom J. Davitt McAteer, Acting Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, and Bruce F. Justh, Assistant Counsel for Appellate Litigation were on brief for respondents.

Before TORRUELLA, Chief Judge, BOUDIN, Circuit Judge, and WOODLOCK, District Judge.


WOODLOCK, District Judge.

In this appeal, petitioner Empire Co. ("Empire") challenges a decision of the Occupational Safety and Health Review Commission (the "Commission") affirming citations issued by the Secretary of Labor (the "Secretary") for violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (the "Act"). Empire maintains that its worksite in Ponce, Puerto Rico is outside the enforcement jurisdiction of the Occupational...

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