BRISTOL STEEL & IRON WORKS v. O. S. & H. REVIEW COM'N

No. 77-2485.

601 F.2d 717 (1979)

BRISTOL STEEL & IRON WORKS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided June 25, 1979.


Attorney(s) appearing for the Case

James P. Jones, Abingdon, Va. (Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for petitioner.

Charles I. Hadden, 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 Appellate Litigation, Dennis K. Kade, Asst. Counsel for Appellate Litigation, Washington, D. C., Marshall H. Harris, Regional Sol., Philadelphia, Pa., on brief), for respondents.

Before WINTER and WIDENER, Circuit Judges and FIELD, Senior Circuit Judge.


FIELD, Senior Circuit Judge:

Bristol Steel & Iron Works, Inc. (Bristol) appeals from an order of the Occupational Safety and Health Review Commission (Commission) holding that Bristol had violated § 5(a)(2) of the Occupational Safety and Health Act (Act), 29 U.S.C. § 651, et seq.1 Judicial review of the Commission's order is provided by § 11(a) of the Act, 29 U.S.C. § 660(a).

The parties stipulated...

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