O. S. Steel Erectors v. Brooks

PARKER, Judge.

The central question presented on this appeal is whether there was substantial evidence in the record before the Safety and Health Review Board justifying a conclusion that petitioner had committed a willful-serious violation of an OSHA regulation. A “serious violation” is defined in G.S. 95-127(18) as being the existence of a condition in the work place from which there is a “substantial probability that death or serious physical harm could result . . . .” Although “willful” is not defined in the statute, G.S. 95-138 provides that “[a]ny employer who willfully or repeatedly…