United States First Circuit
P. Gioioso & Sons, Inc. v. Occupational Safety and Health Review Comm'n, 10-2418
In a case in which an OSHA ALJ fined a construction contractor for violations of safety regulations relating to the excavation of a trench, a petition for review of an order of the Occupational Health and Safety Review Commission upholding the fine is denied, where: 1) the petitioner had constructive knowledge of the violation; 2) the unpreventable employee misconduct defense was not established, as there was substantial evidence to show that the petitioner did not take steps to discover noncompliance; and 3) various factual findings underpinning the ALJ's decision on liability and penalties were supported by substantial evidence.
Appellate Information
- Decided 03/28/2012
- Published 03/28/2012
Judges
- Torruella
Court
- United States First Circuit
Counsel
- For Appellant:
- Matthew Watsky, Scott Glabman