NAT. STEEL, ETC. v. OCCUPATIONAL S. & H. R. COM'N

No. 78-2695.

607 F.2d 311 (1979)

NATIONAL STEEL AND SHIPBUILDING COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

October 29, 1979.


Attorney(s) appearing for the Case

William F. Terheyden, San Francisco, Cal., argued for petitioner; William C. Wright, Littler, Mendelson, Fasttiff & Tichy, P. C., San Francisco, Cal., on the brief.

Eric W. Cloud, Thomas L. Holzman, Washington, D. C., argued for respondent.

Before CHOY and TANG, Circuit Judges, and RENFREW, District Judge.


CHOY, Circuit Judge:

National Steel and Shipbuilding Co. (National) petitions for review of an order of the Occupational Safety and Health Review Commission (OSHRC or Commission) finding that it "willfully" violated a safety standard contrary to § 5(a)(2) of the Occupational Safety and Health Act (OSHA or Act), 29 U.S.C. § 654(a)(2).1 We affirm.

I. Statement of the Case

National is engaged in building...

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