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CITY OF DES MOINES v. EMPLOYMENT APPEAL BD.

No. 04-1763.

722 N.W.2d 183 (2006)

CITY OF DES MOINES, Appellee, v. EMPLOYMENT APPEAL BOARD and Labor Commissioner Byron K. Orton, Appellants.

Supreme Court of Iowa.

September 29, 2006.

Attorney(s) appearing for the Case

Rick Autry, Des Moines, and Gail Sheridan-Lucht, Des Moines, for appellants.

Mark Godwin, Deputy City Attorney, Des Moines, for appellee.

WIGGINS, Justice.

The Iowa labor commissioner filed a complaint against the City of Des Moines (City) for two serious violations of the general industry Iowa occupational safety and health (IOSH) standards for permit-required confined spaces in connection with two deaths and five injuries occurring to the employees of a contractor while working on a sewer-relining project for the City. The employment appeal board found the City committed the two serious violations...

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