Spancrete Northeast, Inc. v. Occupational Safety and Health Review Commission

VAN GRAAFEILAND, Circuit Judge:

Spancrete Northeast, Inc. petitions for review of that part of an Occupational Safety and Health Review Commission order which held that Spancrete’s failure to require its employees to use safety belts while grouting the second floor of a building under construction violated section 5(a)(2) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(2), and more specifically a construction standard promulgated pursuant thereto, 29 C.F.R. § 1926.500(d)(1). For the reasons that follow, we vacate that portion of the Commission’s order.

At the time the…