Nelson Tree Services, Inc. v. Occupational Safety and Health Review Commission, and Robert B. Reich, Secretary of Labor

BOYCE F. MARTIN, Jr., Circuit Judge.

Nelson Tree Services, Inc., appeals the final order of the Occupational Safety and Health Review Commission denying its petition for discretionary review and adopting the determination of the administrative law judge that Nelson Tree Services violated the Occupational Health and Safety Act’s “general duty clause.” 29 U.S.C. § 654(a)(1). Claiming that substantial evidence does not support the administrative law judge’s findings that being struck with a prematurely felled tree is a recognized hazard in the utility line clearance industry and that the…