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ASTRA PHARMACEUTICAL v. OCCUPATIONAL SAFETY, ETC.

No. 81-1672.

681 F.2d 69 (1982)

ASTRA PHARMACEUTICAL PRODUCTS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Raymond J. Donovan, Respondents.

United States Court of Appeals, First Circuit.

Decided June 22, 1982.

Attorney(s) appearing for the Case

William J. LeDoux, Worcester, Mass., with whom James E. Wallace, Jr., and Bowditch & Dewey, Worcester, Mass., were on brief, for petitioner.

Charles I. Hadden, Asst. Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., with whom T. Timothy Ryan, Jr., Sol. of Labor, Washington, D.C., Albert H. Ross, Regional Sol., Boston, Mass., Frank A. White, Associate Sol. for Occupational Safety and Health, and Allen H. Feldman, Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., were on brief, for respondents.

Before ALDRICH, CAMPBELL and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Astra Pharmaceutical Products, Inc. ("Astra") appeals from a decision of the Occupational Safety and Health Review Commission (OSHRC) pursuant to 29 U.S.C. § 660(a). The Commission found Astra in violation of 29 C.F.R. § 1910.132(a)1 for failure to see that one of its employees, Paul Sund, was using certain items of protective equipment when a chemical...

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