D.A. Collins Construction Co., Inc. v. Secretary of Labor

JOSÉ A. CABRANES, Circuit Judge:

This is a petition for review of the decision of the Occupational Safety and Health Review Commission (the “Commission”) finding that petitioner, D.A. Collins Construction Co., Inc. (“Collins”), violated the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (the “Act”). Collins claims that the decision is not supported by substantial evidence, as required by 29 U.S.C. § 660(a), and that it improperly imposes upon Collins the burden of proving (i) that it was unaware of the violation and (ii) that the “violative condition” 1 was the product of…