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OTIS ELEVATOR v. OCCUPATIONAL SAFETY & HEALTH

No. 1002, Docket 78-4028.

581 F.2d 1056 (1978)

OTIS ELEVATOR COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Second Circuit.

Decided August 16, 1978.

Attorney(s) appearing for the Case

Thomas J. Manley, Richmond, Va. (Hunton & Williams, James A. Harper, Jr., Richmond, Va., of counsel), Richard S. Meyer, Dilworth, Paxson, Kalish, Levy & Kauffman, Philadelphia, Pa. and Martin Kaminsky, New York City, Pollack & Kaminsky, New York City, on brief, for petitioner.

Lorelei J. Borland, Atty., U. S. Dept. of Labor, Washington, D. C., Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for App. Litigation, Washington, D. C., Marshall Harris, Regional Sol., U. S. Dept. of Labor, Philadelphia, Pa., for respondents.

Before OAKES, Circuit Judge, and BLUMENFELD and MEHRTENS, District Judges.

BLUMENFELD, District Judge:

This is a petition by Otis Elevator Company to review an order of the Occupational Safety and Health Review Commission1 which found the petitioner to have committed a serious violation of 29 C.F.R. § 1926.28(a). The regulation provides:

"The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions...

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