AMERICAN SMELTING & R. CO. v. OCCUPATIONAL S. & H. R. COM'N

No. 73-1721.

501 F.2d 504 (1974)

AMERICAN SMELTING AND REFINING COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided July 15, 1974.


Attorney(s) appearing for the Case

Daniel M. Gribbon, Washington, D. C., for petitioner.

Anthony J. Steinmeyer, Atty., Dept. of Justice, Washington, D. C., and A. E. Lawson, Pittsburgh, Pa., for respondents.

Before VOGEL, Senior Circuit Judge, and GIBSON, and WEBSTER, Circuit Judges.


GIBSON, Circuit Judge.

Petitioner, American Smelting and Refining Company, upon complaint of the United Steelworkers of America (Union), was charged with a violation of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (hereafter the Act or OSHA), in allowing the existence of a health hazard at its Omaha, Nebraska plant. Specifically, Petitioner was charged with exposing its employees to hazardous airborne concentrations of lead....

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