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P. GIOIOSO & SONS, INC. v. OSHRC.

No. 10-2418.

675 F.3d 66 (2012)

P. GIOIOSO & SONS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Hilda L. Solís, Secretary of Labor, Respondents.

United States Court of Appeals, First Circuit.

Decided March 28, 2012.

Attorney(s) appearing for the Case

Matthew Watsky , for petitioner.

Scott Glabman , Senior Appellate Attorney, U.S. Department of Labor, with whom M. Patricia Smith , Solicitor of Labor, Joseph M. Woodward , Associate Solicitor for Occupational Safety and Health, and Heather R. Phillips , Counsel for Appellate Litigation, was on brief for respondents.

Before LYNCH, Chief Judge, TORRUELLA and THOMPSON, Circuit Judges.

TORRUELLA, Circuit Judge.

The Occupational Safety and Health Administration ("OSHA") fined Petitioner P. Gioioso & Sons, Inc. ("Gioioso") $33,700 for violations of safety regulations relating to the excavation of a trench. Gioioso contested the fine at a hearing before an administrative law judge ("ALJ"), who confirmed the fine. Gioioso requested review by the Respondent, the Occupational Safety and Health Review Commission ("OSHRC"), which upheld the ALJ's decision...

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