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Monday, March 28, 2005

Ind. Decisions - 7th Circuit posts one today

Lakeland Enter Inc v. Chao, Elane L. (Petition for Review of an Order of the Department of Labor) [15 pp.]

Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges.
SYKES, Circuit Judge. This is a review of a decision of the Occupational Safety and Health Review Commission (OSHRC) assessing a $49,000 civil penalty against Lakeland Enterprises of Rhinelander, Inc., for willful violation of 29 C.F.R. § 1926.652(a)(1), which requires that workers in excavation trenches be protected from cave-ins. Lakeland argues that the evidence collected at its excavation site should have been suppressed because the surprise inspection by a compliance officer from the Occupational Safety and Health Administration (OSHA) was conducted without a warrant. Lakeland also challenges the administrative law judge’s (ALJ) exclusion of certain expert testimony and attacks the sufficiency of the evidence regarding the code violation and the ALJ’s finding of willfulness. We deny the petition for review.

Posted by Marcia Oddi on March 28, 2005 02:06 PM
Posted to Ind. (7th Cir.) Decisions