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COMPASS ENVIRONMENTAL v. OCCUPATIONAL SAFETY

No. 10-9541.

663 F.3d 1164 (2011)

COMPASS ENVIRONMENTAL, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Department of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

December 19, 2011.

Attorney(s) appearing for the Case

Jim Michael Hansen of Jim M. Hansen, P.C., Golden, CO, for Petitioner.

Gary K. Stearman, Attorney, United States Department of Labor (M. Patricia Smith, Solicitor of Labor; Joseph M. Woodward, Associate Solicitor of Labor for Occupational Safety and Health; and Charles F. James, Counsel for Appellate Litigation, with him on the brief), Washington, D.C., for Respondents.

Before HARTZ, McKAY, and GORSUCH, Circuit Judges.

McKAY, Circuit Judge.

In this case, we are called upon to review a final order of the Occupational Safety and Health Review Commission finding a serious violation of a safety regulation and assessing a $5,500 penalty against Petitioner Compass Environmental. Specifically, the Commission held that Compass violated 29 C.F.R. § 1926.21(b)(2) by failing to train a now-deceased employee to recognize and avoid the electrocution hazard presented by a high-voltage overhead...

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