F.A. Gray, Inc. v. The Occupational Safety and Health Review Commission

BREYER, Circuit Judge.

F.A. Gray, Inc. (“Gray”), a painting contractor, petitions for review of a decision of the Occupational Safety and Health Review Commission (OSHRC) that it violated OSHA regulation 29 C.F.R. § 1926.28(a), which provides in relevant part:

The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions ____

See Occupational Safety and Health Act § 5(a)(2), 29 U.S.C. § 654(a)(2). The issue before the Commission was whether Gray’s painters should have worn safety belts when…