CROWN PACIFIC v. OSHRC

No. 98-71294.

197 F.3d 1036 (1999)

CROWN PACIFIC, Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 1999.


Attorney(s) appearing for the Case

George W. Goodman, Elliott C. Cummins, Cummins, Goodman, Fish & Platt, McMinnville, Oregon, for the petitioner.

Ronald J. Gottlieb, United States Department of Labor, Washington, D.C., for the respondent.

Before: FERNANDEZ, NELSON and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

Crown Pacific Limited Partnership ("Crown"), a forest products company, challenges a citation issued by the Occupational Safety and Health Administration ("OSHA"). It argues that sliding a tire off a pickup truck is not an activity "related" to the "mounting and demounting of rim wheels" when the employer is not engaged in that business and the tire servicing is performed by a third party. We agree and grant Crown's petition for review.

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