Court of Appeals for the Eighth Circuit January 7, 2000, 99-1583 (Dakota Underground, Inc. v. Secretary of Labor)

BOWMAN, Circuit Judge.

Dakota Underground, Inc. seeks review of the Occupational Safety and Health Review Commission’s determination that Dakota violated the Occupational Safety and Health Act of 1970 (“OSHA”), 29 U.S.C. §§ 651-678 (1994), and its concomitant assessment of penalties. We affirm in part, reverse in part, and remand.

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I.

Dakota is in the excavation business.