Conie Construction, Inc. v. Robert B. Reich, Secretary of Labor, and the Occupational Safety and Health Review Commission

Opinion for the court filed PER CURIAM.

Conie Construction, Incorporated (Conie) petitions the Court to review and set aside an order of the Occupational Safety and Health Review Commission (Commission) upholding a citation issued by the Occupational Safety and Health Administration (OSHA). The Commission found that Conie willfully violated OSHA’s regulations by inadequately sloping the walls of a trench and assessed a penalty of $21,000. We deny Conie’s petition.

I

On November 6, 1991 Conie dug a trench to install a sewer manhole. That same day, an OSHA compliance officer inspected Co-nie’s…