Hoffman Construction Company v. Occupational Safety and Health Review Commission and John T. Dunlop, Secretary of the U. S. Department of Labor

GOODWIN, Circuit Judge:

Hoffman Construction Co., a subcontractor on the Trojan nuclear power plant at Rainier, Oregon, petitions for the review of an order of the Occupational Safety and Health Review Commission affirming a citation and assessing a penalty for a “serious violation” of the safety standards set forth in the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq.

The facts are as follows: While en route to the worksite of another subcontractor, an O.S.H.A. compliance officer noticed ten of Hoffman’s men working on an intake structure. One of these men had climbed onto…