E & R Erectors, Inc. v. Secretary of Labor

OPINION OF THE COURT

ROSENN, Circuit Judge.

E & R Erectors, Inc. (“E & R”) has petitioned this court for review of two citations and the accompanying penalty imposed upon it by the Occupational Safety and Health Review Commission (“Commission”). E & R argues that the Administrative Law Judge (“ALJ”) erred in finding that E & R was the responsible employer on the worksite when the alleged violations occurred and also erred in finding that there was sufficient evidence to show that these violations did in fact occur. Equally important is the legal question raised by the Petitioner as to who bears…