Atlas Roofing Company, Inc. v. Occupational Safety and Health Review Commission, United States Department Oflabor

JOHN R. BROWN, Chief Judge:

Atlas Roofing Company petitions this Court to review an order of the Occupational Safety and Health Review Commission (OSHRECOM) 1 affirming a $600.00 penalty assessed by the Secretary of Labor under the Occupational Safety and Health Act of 1970 (OSHA). 2 Specifically Atlas was cited for violation of 29 C.F.R. 1926.500(f)(5)(ii) for failing to adequately cover roof openings that resulted in the death of one of its employees. Petitioner challenges the order not only on the issue of substantive eomplianee with the regulation, but also on the grounds that the basic…