Hartwell Excavating Co. v. John T. Dunlop, Secretary of Labor

*1072OPINION

Before CHOY and KENNEDY, Circuit Judges, and NIELSEN,* District Judge. NIELSEN, District Judge:

Hartwell Excavating Co. (“Hartwell”) asks review and reversal of a final order of the Occupational Safety and Health Review Commission (“Commission”) finding it guilty of violations of Safety standards promulgated under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (OSHA) allegedly occurring on March 29, 1972 at a sewer construction site near Moore, Idaho.

The facts, as found at the hearing before the administrative law judge, were:

After working hours on March 28,…