UNION TANK CAR CO. v. OCCUPATIONAL SAFETY & HEALTH

No. 98-2225.

192 F.3d 701 (1999)

UNION TANK CAR COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 22, 1999.


Attorney(s) appearing for the Case

Robert H. Brown (argued), Laner, Muchin, Dombrow, Becker, Levin & Tominberg, Chicago, IL, for Petitioner.

John Shortall (argued), Department of Labor, Appellate Litigation, Washington, DC; Ray Darling, Jr., Occupational Safety Health Review Commission, Washington, DC; James E. White, Dallas, TX, for Respondent.

Before COFFEY, RIPPLE and MANION, Circuit Judges.


COFFEY, Circuit Judge.

Union Tank Car Company ("Union Tank Car") seeks review of an order by the Occupational Safety and Health Review Commission ("Commission") finding that Union Tank Car had committed a "serious" violation of an Occupational Safety and Health Administration ("OSHA") safety standard which requires the use of body harnesses in confined work spaces and assessing a $1500 penalty. Union Tank Car argues that the order must be set aside because the Commission...

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