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MOUNTAIN STATES TEL. & TEL. v. OCCUPATIONAL SAFETY

No. 78-1438.

623 F.2d 155 (1980)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided June 23, 1980.

Attorney(s) appearing for the Case

David R. Hansen, Denver, Colo., for petitioner.

Lorelei J. Borland, Atty., 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., and Henry C. Mahlman, Associate Regional Sol., Denver, Colo., with her on the brief), U. S. Dept. of Labor, Washington, D. C., for respondents.

Before McWILLIAMS and LOGAN, Circuit Judges, and MILLER, Judge.

LOGAN, Circuit Judge.

Mountain States Telephone and Telegraph Company seeks review of an order of the Occupational Safety and Health Review Commission, which found that Mountain States had committed a serious violation of a safety standard promulgated by the Secretary of Labor and assessed a $500 civil penalty. See 29 U.S.C. §§ 654(a)(2), 666(b), 666(j). Mountain States contends the order must be set aside because the Commission's findings and conclusions...

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