Dun-Par Engineered Form Company v. Ray v. Marshall, Secretary of Labor, and Occupational Safety and Health Review Commission

McKAY, Circuit Judge.

Dun-Par Engineered Form Company appeals from an order of the Occupational Safety and Health Review Commission (OSHRC) assessing a penalty for a repeated violation of regulations promulgated pursuant to the Occupational Safety and Health Act (OSHA), 29 U.S.C. §§ 661-678. Dun-Par is a specialty subcontractor that erects and dismantles forms for the construction of concrete floors. During an inspection of a multi-employer construction site on which Dun-Par was working, an OSHA compliance officer issued Dun-Par a citation for violating the safety standard in 29 C.F.R. §…