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WHIRLPOOL CORP. v. O. S. & H. REVIEW COM'N

Nos. 79-1692, 80-2426.

645 F.2d 1096 (1981)

WHIRLPOOL CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, and Ray Marshall, Secretary of Labor, Respondent. WHIRLPOOL CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

March 12, 1981.

Attorney(s) appearing for the Case

Robert E. Mann and Willis J. Goldsmith, Washington, D. C., were on the brief for petitioner. Zachary D. Fasman, Washington, D. C., also entered an appearance for petitioners.

Dennis K. Kade, Asst. Counsel, and Thomas L. Holzman, Atty., Dept. of Labor, Washington, D. C., were on the brief for respondent. Allen H. Fedman, Atty., Dept. of Labor, Ronald R. Glancz and Marleigh Dover Lang, Attys., Dept. of Justice, Washington, D. C., also entered an appearance for respondent.

Before BAZELON, Senior Circuit Judge, and TAMM and WILKEY, Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

The Occupational Safety and Health Act of 19701 [OSHA] employs two devices to protect workers from the unconscionably high risk2 of tragic death or injury: regulations, which define safety standards for specific industrial environments; and, a catch-all "general duty" clause3 which...

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