General duty clause

But that is not enough to support the Secretary's citation in this case, and we're challenging that citation on three grounds today.

First, the Secretary could not issue a citation under the General Duty Clause because we complied with a specific construction standard by having spotters and backup alarms.

Second, the Secretary failed to meet its burden of proof on an essential element of its case.

And third, the ALJ abused its discretion by excluding haul trucking's expert while admitting the Secretary's expert.

We'll start by turning to the issue of whether we complied with a specific standard.

Now, 29 CFR 1910.5F provides that if an employer is complying with a specific standard, it has consequently complied with the general duty clause.

And here, we complied with 29 CFR 1926.601B4. Now,

there's a question about whether you waived any argument about 1926.601B4. You better address that because they have the nuclear attack saying that you've completely waived that argument, even a mention of it.