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HARRY C. CROOKER v. OCCUPATIONAL SAFETY AND HEALTH

No. 07-2770.

537 F.3d 79 (2008)

HARRY C. CROOKER & SONS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Elaine L. Chao, Secretary of Labor, Respondents.

United States Court of Appeals, First Circuit.

Decided August 11, 2008.

Attorney(s) appearing for the Case

Gregg R. Frame, with whom James A. McCormack and Taylor, McCormack & Frame were on brief, for petitioner.

Amanda Strainis-Walker, Attorney, with whom Gregory F. Jacob, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor, and Michael P. Doyle, Counsel for Appellate Litigation, were on brief, for respondents.

Before TORRUELLA, Circuit Judge, SELYA, Circuit Judge, and DOMÍNGUEZ, District Judge.

SELYA, Circuit Judge.

The mission of the Occupational Safety and Health Administration (OSHA) is "to assure so far as possible ... safe and healthful working conditions." 29 U.S.C. § 651(b). Despite the salutary nature of that mission, there are limits to what OSHA can demand of employers. This petition for judicial review entreats us to draw such a line: to excuse compliance with an OSHA standard on grounds of infeasibility lest literal enforcement of the standard...

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