Olin Construction Company, Incorporated v. Occupational Safety and Health Review Commission, and Peter J. Brennan, Secretary of Labor

This is a petition for review by Olin Construction Company (Olin) 1 of a final order of the Occupational Safety and Health Review Commission (Commission) entered in a proceeding by the Secretary of Labor against Olin for violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., 2 O.S.H.C. 3184. Petitioner raises four issues, claiming that: (1) the Administrative Judge and the Commission erroneously applied the “substantial evidence” rather than a “preponderance of the evidence” test as the quantum of proof necessary to meet the Secretary’s burden of persuasion;…