Tierdael Construction Co. v. Occupational Safety & Health Review Commission

MURPHY, Circuit Judge.

I. INTRODUCTION

Tierdael Construction Company (“Tier-dael”) was issued a citation alleging several serious violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678, after an inspection of their work site by a compliance officer from the Occupational Safety and Health Administration (“OSHA”). Tierdael appealed the citation to the Occupational Safety and Health Review Commission (the “Commission”). A four-day hearing was held before a Commission administrative law judge (“ALJ”).' In his decision and order, the ALJ vacated four violations, affirmed…