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COTTER & CO. v. OCCUPATIONAL SAFETY & HEALTH REVIEW

No. 77-3312.

598 F.2d 911 (1979)

COTTER & COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and F. Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

July 10, 1979.

Attorney(s) appearing for the Case

Joseph Szczecko, Decatur, Ga., for petitioner.

Eric W. Cloud, Atty., Dept. of Labor, Allen H. Sachsel, U.S. Dept. of Justice, Washington, D.C., for respondents.

Before THORNBERRY, GODBOLD and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

In this case we must determine whether substantial evidence supports a decision by the Occupational Safety and Health Review Commission (Commission) that Cotter & Company (Cotter) violated 29 C.F.R. § 1910.132(a)1 by permitting its employees to work without appropriate personal protective equipment for the feet while exposed to possible foot injuries. We reverse the Commission's assessment of a nonserious...

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