This section contains the nature of the case and procedural background.

Congress enacted OSHA. This act created a statutory duty to avoid maintaining unsafe or unhealthy working conditions and empowered the Secretary of Labor to promulgate health and safety standards. The act created two new remedies by permitting the Government to proceed before an administrative agency to obtain abatement orders requiring employers to correct unsafe working conditions and to impose civil penalties on any employer maintaining an unsafe working condition. Atlas (D) was cited for violations of OSHA and fined after a hearing before the administrative judges. The Court of Appeals upheld the Commission’s (D) fine and specifically rejected D’s argument that the administrative adjudication violated the Seventh Amendment right to a jury trial. The Supreme Court granted certiorari.

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