Court of Appeals for the Eighth Circuit February 26, 2009, 07-2191 (Solis v. Summit Contractors, Inc.)

BEAM, Circuit Judge,

dissenting.

I concur in the panel majority’s (the court’s) analysis that 29 U.S.C. § 654(a)(2) incorporates the requirements of 29 C.F.R. § 1910.12(a) within the governance imposed by the Occupational Safety and Health Act of 1970 (OSH Act).8 I also *830concur in the court’s fundamental gram-matic interpretation of § 1910.12(a).