A. E. Burgess Leather Co. v. Occupational Safety & Health Review Commission

LEVIN H. CAMPBELL, Circuit Judge.

After an inspection of its plant, A. E. Burgess Leather Co. (Burgess) was cited on February 4, 1975, with a nonserious violation of section 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2). A hearing was held before an administrative law judge, which resulted in a finding of no violation. On appeal, the Occupational Safety and Health Review Commission reversed the ALJ and found that Burgess had violated the Act, although no penalty was assessed. Burgess seeks review in this court pursuant to 29 U.S.C. § 660(a).

Burgess manufactures…