Safeway, Inc. v. Occupational Safety & Health Review Commission

MURPHY, Circuit Judge.

I. INTRODUCTION

After an accident involving a propane grill occurred at the petitioner’s bread-baking plant, the Secretary of Labor conducted an inspection and issued a citation for a violation of the general duty clause of the Occupational Safety and Health Act of 1970 (“the Act”), 29 U.S.C. § 654(a)(1). The citation was later amended to allege, alternatively, a violation of 29 C.F.R. § 1910.101(b). Petitioner, Safeway, Inc., (“Safeway”) contested the citation. After a hearing, the Administrative Law Judge (“ALJ”) affirmed the violation of the general duty clause and…