Century Steel Erectors, Inc. v. Elizabeth Dole, Secretary of Labor, United States Department of Labor

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Century Steel Erectors, Inc. petitions for review of an Occupational Safety and Health Review Commission order finding Century in violation of 29 C.F.R. § 1926.105(a). That regulation requires employers to provide safety nets at workplaces more than twenty-five feet above a surface where the use of other protective devices (e.g., safety belts) is impractical. The Commission determined that Century failed to safeguard its workers from a forty-foot fall and refused to consider Century’s evidence that the steel erection…