Read Fabi Constr. Co v. Secretary of Labor, 06-1244

Affirmances of several citations for violations of the Occupational Safety and Health Act are vacated as to: 1) respondent's interpretation of "formwork", as it is unreasonable and failed to provide fair notice to petitioners; and 2) the $7,000 fine assessed for petitioners' violation of 29 C.F.R. section 1926.703(e)(1), as respondent lacked findings sufficient to support raising the $2,500 fine proposed by respondent.

Appellate Information

• Decided 11/27/2007
• Published 11/27/2007

Judges

• Before SENTELLE, Chief Judge, and GINSBURG and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joseph P. Paranac, Jr., Leclairryan, Newark, NJ, for Petitioners.


• For Appellees:
  
• John Shortall, Michael Patrick Doyle, Nathaniel I. Spiller, Joseph M. Woodward, Associate Solicitor, U.S. Department of Labor (LABR), Office of the Solicitor, Washington, DC, for Respondent.