Mohawk Excavating, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, Jr., Secretary of Labor

J. JOSEPH SMITH, Circuit Judge:

Mohawk Excavating, Inc. (“Mohawk”) petitions for review of a final order of the Occupational Safety and Health Review Commission (“the Commission”). The order finds that Mohawk violated the Occupational Safety and Health Act of 1970 (“the Act”), 29 U.S.C. § 651 et seq., and imposes a $75 penalty. Mohawk claims that the Commission’s finding is not supported by substantial evidence on the record and that the Act is unconstitutional. We find no merit in Mohawk’s claims and order the Commission’s order enforced.

I

On June 24,1974 Harold Smith, the Commission’s Area…