Division of Occupational Safety & Health of the Industrial Commission v. Chuck Westenburg Concrete Contractors, Inc.

OPINION

THOMPSON, Presiding Judge.

¶ 1 This is a statutory special action review of Arizona Occupational Safety and Health Review Board (review board) findings and order reversing an administrative law judge’s decision that the respondent employer, Chuck Westenburg Concrete Contractors, Inc. (Westenburg Contractors) had violated *263three Occupational Safety and Health Administration (OSHA) regulations. The sole stated basis for this reversal was the review board’s conclusion that Westenburg Contractors was not responsible for the soil retention system at the excavation, which failed.

¶2 The…