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BRENNAN v. OCCUPATIONAL SAFETY AND HEALTH COM'N

No. 74-1518.

513 F.2d 553 (1975)

Peter J. BRENNAN, Secretary of the United States Department of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH COMMISSION and Kesler & Sons Construction Company, Respondents.

United States Court of Appeals, Tenth Circuit.

March 28, 1975.

Attorney(s) appearing for the Case

Carla A. Hills, Asst. Atty. Gen., and Stephen F. Eilperin and Judith S. Feigin, William J. Kilberg, Benjamin W. Mintz, Michael H. Levin, Marc R. Hillson, Attys., Dept. of Labor, on brief for petitioner.

D. Richard Smith, Morgan, Scalley, Lunt & Kesler, Salt Lake City, Utah, on brief for respondent Kesler & Sons Const. Co.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.

McWILLIAMS, Circuit Judge.

This case arises under the Occupational Safety and Health Act of 1970 and requires interpretation of certain provisions of that Act. 29 U.S.C. § 651 et seq. The issue is whether the Secretary of Labor can order immediate abatement of a safety hazard and then reinspect in less than fifteen working days after the issuance of the citation calling for immediate abatement. The Occupational Safety and Health Review Commission held...

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