Occupational Safety and Health Law

3d Cir 5th Cir abatement According action addition administrative affirmed agency ALJ's alleged amendment appear applied assessed authority Brennan burden cause Circuit citation cited Commission held Commission's complaint compliance conduct considered Constr construction Corp court danger decision defense denied determine direction dismissed duty effect employer enforcement established evidence exposure fact failed failure federal filed final finding granted grounds hazard hearing indicated industry injury inspection issue knowledge Labor limited ment motion notice of contest Occupational Safety opinion OSAHRC OSHA OSHC OSHD party penalty period permitted person petition for review pleadings ployer possible present procedures proceedings promulgated proposed protection prove provides pursuant question raised reasonable record regulations rejected representative result rule S.Ct safety and health Second Secretary Secretary's serious specific standard Steel tion United vacated violation