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BABCOCK & WILCOX CO. v. OCCUPATIONAL SAFETY, ETC.

No. 79-1371.

622 F.2d 1160 (1980)

The BABCOCK & WILCOX COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided May 15, 1980.

Attorney(s) appearing for the Case

Francis Carling (argued), Sullivan & Cromwell, New York City, for petitioner.

Thomas L. Holzman (argued), Rita E. Selligson, Allen H. Feldman, Carin A. Clauss, Sol. of Labor, Washington, D. C., Marshall H. Harris, Regional Sol., Philadelphia, Pa., Nancy L. Southard, U. S. Dept. of Labor, Washington, D. C., for respondent—Secretary of Labor.

Benjamin W. Mintz, Associate Sol. for OSHA, Ronald R. Glancz, Marleigh Dover Lang, OSHRC, Washington, D. C., for respondent—OSHRC.

Before SEITZ, Chief Judge, and ADAMS and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The combination of molten steel and water can cause an explosion and injury to those nearby. In this OSHA case, the employer was found to have committed a serious and willful violation of the general duty clause when molten metal was poured into a large ladle despite the presence of water on the floor of the steel plant. Because the record does not demonstrate the degree of culpability required, we vacate the finding...

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