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R.P. CARBONE CONSTRUCTION v. OSHRC

No. 97-3427.

166 F.3d 815 (1998)

R.P. CARBONE CONSTRUCTION COMPANY, Petitioner, v. The OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION; Alexis M. Herman, United States Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1998.

Ordered Published February 1, 1999.

Attorney(s) appearing for the Case

Keith A. Ashmus (argued and briefed), Heather L. Areklett (briefed), Thompson, Hine & Flory, Cleveland, Ohio, for Petitioner.

Ann Rosenthal (briefed), John Shortall (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Ray Darling, Secretary, Washington, D.C., for The Occupational Safety & Health Review Commission.

Before: BATCHELDER, DAUGHTREY, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

This is an appeal from an Administrative Law Judge's ruling affirming the issuance of a $1,500 citation against R.P. Carbone Construction Co. ("RPC"), a general contractor. The citation was issued by the Secretary of Labor under the Occupational Safety and Health Act of 1970 ("the Act"), 29 U.S.C. § 651-678 (1994), charging that RPC failed to comply with worker-safety requirements...

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