S.A. HEALY COMPANY, Petitioner,
v.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Alexis M. Herman, Secretary of Labor, Respondents.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Submitted February 12, 1998.
Decided March 11, 1998.
Attorney(s) appearing for the Case
Juris Kins, James L. Fox, Abramson & Fox, Chicago, IL, for S.A. Healy Co., Inc.
Steven J. Mandel, Allen H. Feldman, Edward D. Sieger, Department of Labor, Washington, DC, Ray Darling, Jr., Occupational Safety & Health Review Commission, Washington, DC, for Robert B. Reich, Occupational Safety and Health Review Commission.
Steven J. Mandel, Allen H. Feldman, Richard J. Fiore, Richard J. Fiore, Department of Labor, Chicago, IL, Edward D. Sieger, Thomas S. Williamson, Jr., Department of Labor, Washington, DC, for Alexis M. Herman.
Before CUMMINGS, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
EASTERBROOK, Circuit Judge.
Our first opinion in this case concluded, applying the approach of United States v. Halper,490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989), that administrative sanctions under the Occupational Safety and Health Act set according to the Department of Labor's "instance-by-instance" policy, which penalizes each violation of a rule instead of assessing one penalty for each rule violated, produces...
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