United States Tenth Circuit

Plaintiff's citation for a violation of the general duty clause of the Occupational Safety and Health Act of 1970 is affirmed where the Administrative Law Judge's decision was not arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with the law.

Appellate Information

• Decided 09/08/2004
• Published 09/08/2004

Judges

• MURPHY, Circuit Judge., Before MURPHY, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James J. Gonzales, Holland & Hart, LLP, Denver, CO, for Petitioner.


• For Appellees:
  
• Ronald Gottlieb, Attorney, Office of the Solicitor, U.S. Department of Labor (Howard M. Radzely, Acting Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Ann Rosenthal, for Appellate Litigation, with him on the brief), Washington, DC, for Respondent.