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MODERN CONTINENTAL/OBAYASHI v. OSHRC

No. 99-1409.

196 F.3d 274 (1999)

MODERN CONTINENTAL/OBAYASHI, a Joint Venture, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, First Circuit.

Decided November 15, 1999.

Attorney(s) appearing for the Case

Richard D. Wayne, with whom Debra Dyleski-Najjar and Hinckley, Allen & Snyder, LLP were on brief, for petitioner.

Lee Grabel, Attorney, U.S. Department of Labor, with whom Henry L. Solano, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, and Ann Rosenthal, Counsel for Appellate Litigation, were on brief, for respondents.

Before Torruella, Chief Judge, Lynch and Lipez, Circuit Judges.

LYNCH, Circuit Judge.

The Big Dig is a massive construction project that will submerge below the streets of Boston the Central Artery, an elevated interstate highway that has run through the heart of the city since 1959. An enormously important and complicated project, work on the Big Dig can also be dangerous. Two construction workers have died thus far and there have been major and minor injuries. This low accident rate for a project of this magnitude has been accomplished...

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