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USERY v. HERMITAGE CONCRETE PIPE CO.

No. 76-1316.

584 F.2d 127 (1978)

W. J. USERY, Jr., Secretary of Labor, Petitioner, v. HERMITAGE CONCRETE PIPE COMPANY and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided August 31, 1978.

Attorney(s) appearing for the Case

Dennis K. Kade, Michael H. Levin, Allen H. Feldman, U. S. Dept. of Labor, Washington, D. C., for petitioner.

Gen. Counsel, O. S. H. R. C., Washington, D. C., R. Robert Kassem, Kassem, Cain & Monlier, Knoxville, Tenn., Government Appeal, for respondents.

Allen H. Sachsel, Appellate Sect., Civil Div., Dept. of Justice, Washington, D. C., for respondent OSHRC.

Before WEICK, EDWARDS and ENGEL, Circuit Judges.

ENGEL, Circuit Judge.

The Secretary of Labor petitions for review of an order of the Occupational Safety and Health Review Commission which declined to enforce a citation issued by the Secretary to the Hermitage Concrete Pipe Company for a serious violation of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. § 651 et seq. We hold that the Commission employed an improper standard in determining whether a given violation of the Act is "serious...

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