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.
- Decided 11/27/2007
- Published 11/27/2007
Before SENTELLE, Chief Judge, and GINSBURG and BROWN, Circuit Judges.
Joseph P. Paranac, Jr., Leclairryan, Newark, NJ, for Petitioners.
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.