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WISCONSIN ELEC. POWER CO. v. OCCUPATIONAL SAFETY, ETC.

No. 76-2166.

567 F.2d 735 (1977)

WISCONSIN ELECTRIC POWER COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and the Secretary of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 14, 1977.

As Corrected on Denial of Rehearing January 6, 1978.

Attorney(s) appearing for the Case

T. Michael Bolger, Mary Pat Koesterer, Milwaukee, Wis., for petitioner.

William G. Staton, Nancy L. Southard, Attys., U.S. Dept. of Labor, Allen H. Sachsel, Dept. of Justice, Washington, D.C., for respondents.

Before PELL, SPRECHER and TONE, Circuit Judges.

TONE, Circuit Judge.

The Occupational Safety and Health Review Commission found that Wisconsin Electric Power Company had committed a serious violation of § 5(a)(1), 29 U.S.C. § 654(a)(1), of the Occupational Safety and Health Act, 84 Stat. 1590 (1970), by failing to protect employees working on the ground from accidental contact with an energized truck working on high-tension lines, thus not complying with 29 C.F.R. § 1926.955(a)(6)(ii). In this review...

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