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U. S. STEEL v. OCCUPATIONAL S. AND H. REVIEW COM'N

No. 75-2095.

537 F.2d 780 (1976)

UNITED STATES STEEL CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION of the United States of America, and John T. Dunlop, Secretary of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided June 30, 1976.

Attorney(s) appearing for the Case

W. L. White, Jr., J. T. Carney, Pittsburgh, Pa., for petitioner.

William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, Judith A. Burghardt, Atty., U.S. Dept. of Labor, Washington, D.C., for respondents.

Before SEITZ, Chief Judge, and ALDISERT and WEIS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

A United States Steel Corporation (USS) employee lost his balance while connecting a girder on the 109th floor of Chicago's Sears Tower and fell to his death. Shortly after the accident, the Occupational Safety and Health Administration (OSHA) issued a citation and notice of proposed penalty of $900 to USS for Serious Violation of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., in...

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