United States Seventh Circuit

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.

Appellate Information

• Argued 10/26/2004
• Decided 03/28/2005
• Published 03/28/2005

Judges

• SYKES, Circuit Judge., Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• 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.