R. Williams, Construction Company v. Occupational, Safety & Health Commission

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

R. WILLIAMS, Construction 

Company, Petitioner, No. 04-74247 v.  OSHC No. 03-0533

OCCUPATIONAL SAFETY & HEALTH

REVIEW COMMISSION; ELAINE CHAO, OPINION

Secretary of Labor, Respondents.  On Petition for Review of an Order of the Occupational Safety & Health Review Comm

Argued and Submitted September 11, 2006—San Francisco, California

Filed October 3, 2006

Before: Betty B. Fletcher and Marsha S. Berzon, Circuit Judges, and David G. Trager,* District Judge.

Opinion by Judge B. Fletcher

*The Honorable David G. Trager, Senior District Court Judge for the Eastern District of New York, sitting by designation.

17259

R. WILLIAMS v. OSHRC 17261

COUNSEL

Robert D. Peterson, Rocklin, California, for the petitioner.

Joanna Hull (argued), Ann Rosenthal, Joseph M. Woodward, and Howard M. Radzely, Washington, D.C., for the respon- dent. 17262 R. WILLIAMS v. OSHRC

OPINION

B. FLETCHER, Circuit Judge:

Petitioner R. Williams Construction Co. (“Williams” or “the Company”) petitions for review of a final order of the Federal…