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ENSIGN-BICKFORD CO. v. OCCUPATIONAL SAFETY & HEALTH

No. 82-1649.

717 F.2d 1419 (1983)

The ENSIGN-BICKFORD COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 16, 1983.

Attorney(s) appearing for the Case

James A. Wade, Hartford, Conn., with whom Timothy F. Bannon, Hartford, Conn., and Stephen B. Clarkson, Washington, D.C., were on brief, for petitioner. N. Beth Emery, Washington, D.C., entered an appearance for petitioner.

Robert D. McGillicuddy, Dept. of Labor, Washington, D.C., with whom Dennis K. Kade, Dept. of Labor, Washington, D.C., was on brief, for respondents. Edward H. Hoban, Occupational Safety and Health Review Commission, Washington, D.C., entered an appearance for respondents.

Before WRIGHT and SCALIA, Circuit Judges, and WEIGEL, Senior District Judge.

Opinion for the court filed by Senior District Judge WEIGEL.

Dissenting opinion filed by Circuit Judge SCALIA.

WEIGEL, Senior District Judge:

Petitioner, the Ensign-Bickford Company, challenges an order of the Occupational Safety and Health Review Commission (the Commission) finding that petitioner willfully violated the general duty clause of the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. § 654(a)(1).1<...

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