Chao v. Occupational Safety and Health Review Commission

Eric Ho bought a hospital building to convert into housing, knew it required licensed asbestos removal, but instead hired unlicensed workers, including 11 undocumented laborers who were given no dust masks or asbestos safety training. After a stop-work order and negotiations with a licensed contractor that went nowhere, Ho resumed illegal removal until an explosion occurred when he had a worker illegally tap into an unmarked pipeline. OSHA cited Ho for numerous violations, including willfully violating the Occupational Safety and Health Act by the illegal pipeline tap; Ho conceded the safety violations but argued the Secretary of Labor had not shown he was engaged in interstate commerce, so the Act didn't apply to him. The Occupational Safety and Health Review Commission (OSHRC) found he was engaged in interstate commerce and upheld the violations, and both Ho and the Secretary appealed.