W.G. Fairfield Company v. The Occupational Safety & Health Review Commission Secretary of Labor

OPINION

FARRIS, Circuit Judge.

W.G. Fairfield argues that the Occupational Safety and Health Review Commission acted arbitrarily or capriciously by affirming a citation for violating two Occupational Safety and Health Act regulations. We affirm.

I

There are no disputed facts. Digging a trench beside a six-lane stretch of 1-71 in Ohio, a highway construction crew of Fair-field employees unexpectedly struck a cable. To see if the cable had been pulled loose, one of the workers, Floyd Wolfe, walked across the three northbound lanes of the interstate to inspect a junction box located at the median.…