D. Harris Masonry Contracting, Inc. v. Elizabeth Dole, Secretary of Labor, and Occupational Safety and Health Review Commission

OPINION OF THE COURT

SEITZ, Circuit Judge.

D. Harris Masonry Contracting, Inc., a masonry subcontractor, has filed a petition for review of an order of the Occupational Safety and Health Review Commission finding it guilty of an other than serious violation of 29 C.F.R. § 1926.500(b)(8).

The facts adduced before the Administrative Law Judge are quite simple. During the inspection of a construction site, an Occupational Safety and Health Administration compliance officer observed a pallet on the second floor covering a ventilation shaft. He noticed that, although the pallet protected employees…