6 O.S.H. Cas.(bna) 1699, 1978 O.S.H.D. (Cch) P 22,899 Beatty Equipment Leasing, Inc. v. Secretary of Labor, United States Department of Labor

577 F.2d 534 6 O.S.H. Cas.(BNA) 1699, 1978 O.S.H.D. (CCH) P 22,899 BEATTY EQUIPMENT LEASING, INC., Petitioner, v. SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Respondent. No. 76-2497. United States Court of Appeals, Ninth Circuit. June 22, 1978. Jerry M. Ackeret (argued), of Ackeret, Colteaux & Laird, San Rafael, Cal., for petitioner. Diane E. Burkley (argued), Washington, D. C., for respondent. On Petition to Review a Decision of the Occupational Safety & Health Review Commission. Before MERRILL and SNEED, Circuit Judges, and EAST, * District Judge. MERRILL, Circuit Judge: 1 Petitioner Beatty Equipment Leasing, Inc. (Beatty), seeks a review of a decision of the Occupational Safety and Health Review Commission (the Commission) which upheld a citation for a nonserious violation of § 5(a)(2) of the Occupational Safety and Health Act (OSHA or the Act), 29 U.S.C. § 654 (a) (2). The citation was issued for failure to comply with a scaffolding safety standard, promulgated by the Secretary of Labor under the Act. The question on this appeal is whether a materialman for a multi-employer construction site is in violation of the Act when the materialman creates a…