Allis-Chalmers Corporation, Petitioner, v. Occupational Safety and Health Review Commission and the Secretary of Labor, Respondents, 542 F.2d 27

The citation to which petitioner company objected resulted from an observation, made by respondent Occupational Safety and Health Review Commission's safety and health compliance officer, that one of petitioner's employees was off-loading a manhole cover and some bolts from a crane while on top of a rotary kiln that was laying on its side. There was no scaffold was present during this operation. The administrative law judge held that there was no violation of 29 C.F.R. 1910.28(a)(1). Respondent's review commission, however, reversed that decision, finding that the hearing judge erred in stating the elements necessary to establish noncompliance with the standard. Thereafter, petitioner filed the instant petition for review of respondent's ruling. The court affirmed respondent's ruling and noted that the standard sought to be enforced met the minimum requirements of clarity to satisfy constitutional due process, and respondent's decision was based on substantial evidence on the record.