Robert B. Reich, Secretary of Labor, United States Department of Labor v. Con Agra Flour Milling Co. Occupational Safety and Health Review Commission

WOLLMAN, Circuit Judge.

Robert E. Reich, the Secretary of Labor (the “Secretary”), petitions for review of a decision and order of the Occupational Safety and Health Review Commission (the “Commission”) that vacated the Secretary’s citation against Con Agra Flour Milling Co. for violating 29 C.F.R. § 1910.178(c)(2)(vi)(a). We grant the petition and affirm the citation.

I

In the packing room of Con Agra’s flour mill in Martin’s Creek, Pennsylvania, flour is packaged in the following manner. A hopper is filled with six thousand pounds of flour. An auger chute connects the hopper to the bagging…