Loomis Cabinet Company v. Occupational Safety & Health Review Commission, and Lynn Martin, Secretary of Labor
Opinion
Opinion
Goodwin, J.
ORDER
The petition for rehearing is DENIED.
The request for publication is GRANTED. The memorandum disposition filed January 25,1994 is redesignated as an authored opinion by Judge Goodwin.
Petition to Review a Decision of the Occupational Safety and Health Review Commission.
OPINION
Loomis Cabinet Company (“Loomis”) petitions for review of a decision by the Occupational Safety and Health Review Commission (“OSHRC” or “the Commission”). The Commission concluded that an employment relationship did in fact exist between Loomis and the partners of Eastview Cabinet Company (“Eastview”), and affirmed the assessment of penalties against Loomis by the Secretary of Labor for certain violations of the Occupational Safety and Health Act, 29 U.S.C. §§ 651-678 (“OSHA” or “the Act”). We affirm. .
Michael Loomis owns Loomis Cabinet Company, which manufactures wood cabinets for installation in tract housing. On January 5, 1988, the Occupational Safety and Health Administration inspected the Loomis workshop. Two months later the Agency issued one citation alleging nine serious violations and a second citation alleging nine other-than-serious violations of workplace safety standards…