Anderson Excavating & Wrecking Co. v. Secretary of Labor

Eighth Circuit

Anderson Excavating & Wrecking Co. v. Secretary of Labor

131 F.3d 1254, 1997 WL 746354

CourtCourt of Appeals for the Eighth Circuit

DecidedFebruary 4, 1998

Docket97-1711

StatusPublished

Cited by2 cases

This text of 131 F.3d 1254 (Anderson Excavating & Wrecking Co. v. Secretary of Labor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anderson Excavating & Wrecking Co. v. Secretary of Labor, 131 F.3d 1254, 1997 WL 746354 (8th Cir. 1998).

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Opinion

PER CURIAM.

This is a petition for review of an order of the Occupational Safety and Health Review Commission. The Commission held, with one dissenting vote, that Anderson Excavating & Wrecking Company had committed a willful violation of a regulation issued under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. The regulation involved is 29 C.F.R. § 1926.105(a), which provides, in pertinent part, that “[sjafety nets shall be provided when workplaces are more than 25 feet above the ground or water surface.” The Commission’s decision is OSHRC Docket No. 92-3684. The Commission disagreed, in respect of the issue presented on this appeal, with one of its administrative law judges, who took the view that Anderson’s violation was serious, but not willful.

We have read the briefs and heard oral argument. Whether a violation is willful, as opposed to serious, is basically a question of fact. Our scope of review is narrow. We must accept the Commission’s finding of fact if it is supported by substantial evidence on the record as a whole. We hold that this standard has been met in the present case. We do not believe that a more extended opinion would have significant precedential value.

Affirmed.

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PER CURIAM.

This is a petition for review of an order of the Occupational Safety and Health Review Commission. The Commission held, with one dissenting vote, that Anderson Excavating & Wrecking Company had committed a willful violation of a regulation issued under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. The regulation involved is 29 C.F.R. § 1926.105(a), which provides, in pertinent part, that “[sjafety nets shall be provided when workplaces are more than 25 feet above the ground or water surface.” The Commission’s decision is OSHRC Docket No. 92-3684. The Commission disagreed, in respect of the issue presented on this appeal, with one of its administrative law judges, who took the view that Anderson’s violation was serious, but not willful.

We have read the briefs and heard oral argument. Whether a violation is willful, as opposed to serious, is basically a question of fact. Our scope of review is narrow. We must accept the Commission’s finding of fact if it is supported by substantial evidence on the record as a whole. We hold that this standard has been met in the present case. We do not believe that a more extended opinion would have significant precedential value.

Affirmed.

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Bluebook (online)

131 F.3d 1254, 1997 WL 746354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-excavating-wrecking-co-v-secretary-of-labor-ca8-1998.

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