Lakeland Enter. v. Chao, 03-3697
A civil penalty assessed against plaintiff, for willful violation of 29 C.F.R. section 1926.652(a)(1), which requires that workers in excavation trenches be protected from cave-ins, is affirmed where the administrative law judge's finding was supported by substantial evidence and was not arbitrary and capricious.
- Argued 10/26/2004
- Decided 03/28/2005
- Published 03/28/2005
- SYKES, Circuit Judge., Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- John H. Zawadsky (argued), Reinhart, Boerner, Van Deuren, Norris & Rieselbach, Madison, WI, for Petitioner.
- For Appellees:
- Lee Grabel (argued), David Zeigler, Occupational Safety & Health Administration, Washington, DC, for Respondent.