FRANK LILL & SON, INC. v. SECRETARY OF LABOR

No. 03-1096.

362 F.3d 840 (2004)

FRANK LILL & SON, INC., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 2004.


Attorney(s) appearing for the Case

Paul M. Sansoucy argued the cause for the petitioner.

Michael P. Doyle, Attorney, United States Department of Labor, argued the cause for the respondent. Allen H. Feldman, Associate Solicitor, and Nathaniel I. Spiller, Deputy Associate Solicitor, United States Department of Labor, were on brief. Joseph M. Woodward, Attorney, United States Department of Labor, entered an appearance.

Before: HENDERSON, RANDOLPH and GARLAND, Circuit Judges.


Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The Secretary of Labor (Labor), through the Occupational Safety and Health Administration (OSHA), cited Frank Lill & Son, Inc. (Lill) for willful violation of 29 C.F.R. § 1926.501(b)(1) which requires an employer to provide fall protection where employees work on a surface with an unprotected edge more than 6 feet above the level below. The...

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