Delta Drilling Co v. OSHRC ( 1996 )

UNITED STATES COURT OF APPEALS
for the Fifth Circuit
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No. 95-60634
Summary Calendar
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DELTA DRILLING CO., RIG # 103
Petitioner,
VERSUS
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION,
Respondent.
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Petition for Review of a Final Order of the
Occupational Safety and Health Review Commission
(93-1452)
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June 6, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Delta Drilling Company challenges an order of the Occupational
Safety and Health Review Commission finding Delta in violation of
29 C.F.R. § 1910.24 (h).1 Giving the agency the deference it is
due in the interpretation of its own regulation, we conclude the
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
1
(h) Railings and handrails. Standard railings shall be
provided on the open sides of all exposed stairways and stair
platforms. Handrails shall be provided on at least one side of
closed stairways preferably on the right side descending. Stair
railings and handrails shall be installed in accordance with the
provisions of § 1910.23.
commission did not err in ruling that Delta violated this
regulation. The commission was entitled to conclude that the
regulation required that handrails guard the entire length of the
stairway. Because the handrail ended at the top tread and did not
protect the climber as he traversed the top tread, the Commission's
finding was not "arbitrary, capricious, an abuse of discretion , or
otherwise not in accordance with law." 5 U.S.C. § 706(2)(A);
Corbesco, Inc. v. Dole, 926 F.2d 422, 425 (5th Cir. 1991).
AFFIRMED.
2