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072191P.pdf   02/26/2009  Elaine Chao  v.  Summit Contractors
   U.S. Court of Appeals Case No:  07-2191
   Department of Labor (except OSHA)   
   [PUBLISHED] [Gruender, Author, with Bye and Beam, Circuit Judges]
   Petition for Review - OSHA. The Department of Labor's regulation 29
   C.F.R. Sec. 1910.12(a) is unambiguous in that it does not preclude OSHA
   from issuing citations to employers for violations when their own
   employees are not exposed to any hazards related to the violations; even
   if the regulation was ambiguous, the court would defer to the Secretary's
   reasonable interpretation of the regulation; as a result, the Occupational
   Safety and Health Review Commission abused its discretion in
   determining that the controlling employer citation policy conflicted with
   the regulation. Judge Beam, dissenting.