Unpublished Dispositionnational Engineering & Contracting Company, Petitioner, v. Elizabeth Dole, Secretary of Labor and Occupational Safetyand Health Review Commission, Respondents.national Engineering & Contracting Company, Plaintiff-appellant, v. United States of America, Department of Labor, Occupationalsafety and Health Administration, Defendant-appellee, 902 F.2d 34 (6th Cir. 1990)

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U.S. Court of Appeals for the Sixth Circuit - 902 F.2d 34 (6th Cir. 1990)

May 8, 1990

Before KEITH and RYAN, Circuit Judges, and JAMES P. CHURCHILL, Senior District Judge.*


This action arises out of an October 1986 accident at National Engineering & Contracting Company's ("National Engineering") work-site on the Mill Creek in Cincinnati, Ohio and subsequent inspections of the work-site conducted by the Occupational Safety and Health Administration ("OSHA"). National Engineering appeals from the administrative law judge's May 3, 1988 decision which held that OSHA was not preempted from exercising jurisdiction over National Engineering's work-site, and that OSHA had received valid consent from the United States Army Corps of Engineers to inspect the work-site.

National Engineering also appeals form the district court's June 10, 1988 order. In the order, the district court adopted the report and recommendation of the magistrate, and concluded that OSHA had valid consent to inspect National Engineering's work-site. Therefore, the district court allowed OSHA to execute its search warrant.

Having carefully considered the record, the briefs, and the oral arguments of the parties, we find no error by either the administrative law judge or the district court warranting reversal. Therefore, we AFFIRM the June 10, 1988 order of the district court, the Honorable Herman J. Weber, United States District Judge for the Southern District of Ohio, and the May 3, 1988 decision of the administrative law judge.