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Sierra Resources, Inc. v. Herman

ELR Citation: 30 ELR 20706
Nos. No. 99-2492, 213 F.3d 989/(7th Cir., 05/30/2000)

The court denies a construction company's petition to review an administrative law judge's (ALJ's) order upholding a nine-item citation against the company for violating Occupational Safety and Health Administration (OSHA) standards for lead exposure in construction work. The court first holds that the company's due process rights were not violated. The fact that the company does not agree with the ALJ's decision and argues that statutory and regulatory requirements regarding notice were technically violated falls short of giving rise to a due process violation. The Due Process Clause requires that the company be given notice and an opportunity to be heard. Those requirements were clearly met here. When the OSHA inspector first arrived on the site he informed the company that he was an OSHA inspector and that he was on the premises to conduct an investigation. Further, the company had an opportunity to defend itself against the subsequent citation that OSHA issued. The court next refuses to review the ALJ's order based on the company's contention that it did not violate any of the lead safety standards with which it was charged. The ALJ based his conclusions on credibility determinations, and the court here will not substitute its credibility determinations for that of the ALJ.

Counsel for Petitioner
Evdoxia Beroukas
Law Offices of Evdoxia Beroukas
1472 W. Balmoral Ave., Chicago IL 60640
(773) 878-7759

Counsel for Respondent
Ann Rosenthal
Office of the Solicitor
U.S. Department of Labor
200 Constitution Ave. NW, Rm. N-2700, Washington DC 20210
(202) 219-6610

Before Flaum and Wood, JJ.