United States First Circuit

Petition for judicial review of decision upholding OSHA citation and penalty is denied over claims of error that: 1) compliance with the regulation was infeasible; 2) on these facts a general industry standard, 29 C.F.R. section 1910.333, should be read to supplant the regulation on which the Secretary of Labor relied; and 3) the power lines along Jordan Avenue were fully insulated, thus obviating the ten-foot clearance requirement.

Appellate Information

• Decided 08/11/2008
• Published 08/11/2008

Judges

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

Court

• United States First Circuit

Counsel

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


• For Appellees:
  
• 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.