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STEEL ERECTORS ASS'N OF AMERICA, INC. v. OSHA.

No. 09-2319.

636 F.3d 107 (2011)

STEEL ERECTORS ASSOCIATION OF AMERICA, INCORPORATED, Petitioner, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION; United States Department Of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: February 17, 2011.

Attorney(s) appearing for the Case

ARGUED: Kelly Culp Hoelzer , Kollman & Saucier, PA, Timonium, Maryland, for Petitioner. Heather R. Phillips , United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Frank L. Kollman , Kollman & Saucier, PA, Timonium, Maryland, for Petitioner. M. Patricia Smith , Solicitor of Labor, Joseph M. Woodward , Associate Solicitor for Occupational Safety and Health, Julia Smith-Aman , United States Department of Labor, Washington, D.C., for Respondents.

Dismissed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge MOTZ joined.

OPINION

WILKINSON, Circuit Judge:

In 2001, the Occupational Safety and Health Administration ("OSHA") issued new safety standards applying to the construction, alteration, and repair of steel buildings, bridges, and other structures. See 29 C.F.R. §§ 1926.750-.761. Shortly thereafter, OSHA issued a directive stating that violations of certain standards would be considered de minimis — and would therefore carry no penalty —...

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