opinion: PER CURIAM:
  This petition for review of a decision of the Occupational Safety and Health Review Commission involves two issues: first, whether the Occupational Safety and Health Act of 1970 denied the petitioner, Floyd Pike Electrical Contractor, Inc., a trial by jury in violation of the Seventh Amendment, and, second, whether the violation of safety standards by the petitioner’s foreman could be imputed to the petitioner.
  Since the question of the Act’s constitutionality was pending before the Supreme Court, we deferred disposition of the petition until the Court decided this issue. The Court has now ruled that the Seventh Amendment is not a bar to the imposition of civil penalties by an administrative tribunal as authorized by the Act.
  In the meantime, while this petition for review was pending before us, the Commission decided Secretary v. Engineers Construction, Inc., 20 OSAHRC Rep. 348 (1975). There, the Commission ruled that an employer is not responsible for its supervisor’s unauthorized acts. That decision appears to be inconsistent with the law previously applied to this case. Indeed, one commissioner has suggested that Engineers seems to overrule the decision in this case that a foreman’s violations can be imputed to his employer. See Engineers, 20 OSAHRC Rep. at 352 (Cleary, Commissioner, dissenting). See also Ocean Electric Corp., OSHRC Docket No. 5811, 1975-76 OSHD 23,992, 23,993-994, n.5 (dictum).
  We, therefore, vacate the commissioner’s judgment and remand this case for reconsideration in light of Engineers. If the Commission decides to reaffirm, it should explain (a) why the case does not conflict with Engineers; or (b) if the case cannot be reconciled, why it adheres to its ruling. If it decides that its judgment should be modified, it should explain the reasons for its change of view.
  Vacated and remanded.
  The Commission’s decision is reported as Secretary v. Floyd S. Pike Electrical Contractor, Inc., 15 OSAHRC Rep. 302 (1975).
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  When coding the detailed nature of participants, use your personal knowledge about the participants, if you are completely confident of the accuracy of your knowledge, even if the specific information is not in the opinion. For example, if "IBM" is listed as the appellant it could be classified as "clearly national or international in scope" even if the opinion did not indicate the scope of the business. 
  
  Your task concerns the first listed appellant. The nature of this litigant falls into the category "private business (including criminal enterprises)", specifically "construction". Your task is to determine what subcategory of business best describes this litigant.
choices: residential commercial or industrial other unclear