Secretary of Labor v. Whitehouse

COMBS, Judge.

The Secretary of Labor, Commonwealth of Kentucky (the Secretary), appeals from the opinion and order of the Franklin Circuit Court dismissing the citation issued by the Kentucky Labor Cabinet, Division of Occupational Safety and Health Compliance (KY-OSH) to Irvin H. Whitehouse & Sons (White-house). The Secretary argues on appeal that the circuit court erred in dismissing the citation. We agree; hence, we vacate and remand the order of the circuit court.

On May 2,1994, a Compliance Officer (CO) with KY-OSH conducted a planned inspection of Whitehouse, a painting contractor. The…