OCEAN ELEC. CORP. v. SECRETARY OF LABOR

No. 76-1060.

594 F.2d 396 (1979)

OCEAN ELECTRIC CORPORATION, Petitioner, v. SECRETARY OF LABOR and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 16, 1979.


Attorney(s) appearing for the Case

Charles R. Waters, II, Norfolk, Va., Henry H. Mansbach, Thomas E. Cabaniss, Norfolk, Va., Conrad M. Shumadine, Richmond, Va., David Y. Faggert, Kaufman & Oberndorfer, Norfolk, Va., on brief, for petitioner.

Dennis K. Kade, Atty., 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, U. S. Dept. of Labor, Washington, D. C., on brief), for respondents.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.


WIDENER, Circuit Judge:

This case comes to us on a grant of petition for rehearing. The Occupational Safety and Health Review Commission found that Ocean Electric Corporation had committed a serious violation of OSHA Regulation 29 C.F.R. § 1926.957(a)(3) by failing to provide a barricade or barrier between its employees and energized electrical bus bars. We previously filed an opinion affirming the Commission, but a petition for rehearing was granted, and the...

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