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WAL-MART STORES, INC. v. SECRETARY OF LABOR

No. 04-1127.

406 F.3d 731 (2005)

WAL-MART STORES, INC., Petitioner v. SECRETARY OF LABOR, Respondent

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 2005.

Attorney(s) appearing for the Case

Ronald W. Taylor argued the cause for petitioner. With him on the briefs was Thomas H. Strong.

John Shortall, Attorney, U.S. Department of Labor, argued the cause for respondent. With him on the brief were Joseph M. Woodward, Associate Solicitor, and Charles F. James, Attorney. Ann S. Rosenthal, Counsel, entered an appearance.

Before: GINSBURG, Chief Judge, and ROGERS and ROBERTS, Circuit Judges.

GINSBURG, Chief Judge.

The Secretary of Labor cited Wal-Mart Stores, Inc. for obstructing a means of egress, in violation of a safety standard promulgated pursuant to the Occupational Safety and Health Act. The citation alleges that Wal-Mart had placed a portable conveyor rail system where it could have impeded employees from reaching an emergency exit. An Administrative Law Judge upheld the citation, and his decision became the final decision of the Occupational...

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