United States Court of Appeals For the Seventh Circuit
Employment — OSHA
Where substantial evidence supported OSHA’s determination that soil had been disturbed, its citation for failing to provide an adequate protective system is upheld.
“We deny the petition. The parties agree that if the soil in the excavation was properly classified as Type B, the trench was impermissibly steep. Substantial evidence supports the ALJ’s determination that the soil was classified as Type B. KS Energy also challenges the ALJ’s determination that the trench was improperly configured, arguing that the agency’s interpretation of the trenching regulations is unreasonable and unconstitutionally vague. Because the soil-classification decision is an independent ground for the ALJ’s decision and adequately supported by the record, we need not address this alternative argument.”
Petition for Review of an Order of the Occupational Safety and Health Review Commission, Sykes, J.