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W.G. FAIRFIELD CO. v. OCCUPATIONAL SAFETY & HEALTH

No. 00-4548.

285 F.3d 499 (2002)

W.G. FAIRFIELD COMPANY, Petitioner, v. The OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION; Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 3, 2002.

Attorney(s) appearing for the Case

Maureen P. Taylor (argued and briefed), Michael S. Holman (briefed), Bricker & Eckler, Columbus, OH, for Petitioner.

Ronald J. Gottlieb (argued and briefed), Ann Rosenthal (briefed), United States Department of Labor, Office of the Solicitor, Washington, DC, Daniel J. Mick, Office of Solicitor, U.S. Dept. of Labor, Washington, DC, Anthony M. Stevenson, U.S. Dept. of Labor, Cleveland, OH, for Respondents.

Roger L. Sabo (briefed), John J. Krimm, Jr. (briefed), Schottenstein, Zox & Dunn, Columbus, OH, for Amicus Curiae.

Before: MOORE, COLE, and FARRIS, Circuit Judges.

OPINION

FARRIS, Circuit Judge.

W.G. Fairfield argues that the Occupational Safety and Health Review Commission acted arbitrarily or capriciously by affirming a citation for violating two Occupational Safety and Health Act regulations. We affirm.

I

There are no disputed facts. Digging a trench beside a six-lane stretch of I-71 in Ohio, a highway construction crew of Fairfield employees unexpectedly struck a cable. To see if the cable had...

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