D & S Grading Company, Inc. v. Secretary of Labor

RONEY, Senior Circuit Judge:

The Occupational Safety and Health Review Commission (OSHRC) assessed penalties totalling $51,000 against D & S Grading Company based on its having committed six safety violations in a pipelaying operation. Finding five of the violations to have been “repeated” and the other “serious,” the administrative law judge (AU) set the maximum penalty as to each. The ALJ’s decision became a final order of the Commission by operation of law when no individual Commission member directed review in response to D & S’ petition for discretionary review. 29 C.F.R. § 2200.90(d); 29…