Dan J. Sheehan Company v. Occupational Safety and Health Review Commission, and John T. Dunlop,secretary of Labor

CLARK, Circuit Judge:

Dan J. Sheehan petitions this court to review an order of the Occupational Safety and Health Review Commission (Commission) affirming a $500.00 penalty assessed by the Secretary of Labor (Secretary) under the Occupational Safety and Health Act of 1970 (OSHA). 29 U.S.C. § 651 et seq. Petitioner, a painting contractor, was cited for a serious violation under the general duty clause of OSHA for failing to provide a “place of employment . . free from recognized hazards . . . likely to cause death or serious physical harm . . . .” 29 U.S.C. § 654(a)(1). The citation was…