Hackney Inc. v. Mclaughlin

McKAY, Circuit Judge. In this appeal we are asked to review an enforcement action brought by the Secretary of Labor arising from an inspection by the Occupational Safety and Health Administration of a workplace operated by Hackney, Inc. Following the inspection, the Secretary issued a citation charging that Hackney had violated the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. by failing to comply with the audiometric testing requirements of OSHA's hearing conservation program standard. 29 C.F.R. § 1910.95(c)(1) and (g) (1988). After hearing, the Occupational Safety and Health Review Commission judge held that Hackney had violated the Act and that its violations were ""nonserious.""1 That decision became a final order of the Commission when no commission member directed review.