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ITT GRINNELL CORP. v. DONOVAN

No. 83-3287.

744 F.2d 344 (1984)

ITT GRINNELL CORPORATION, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided September 25, 1984.

Attorney(s) appearing for the Case

Edward C. Brewer, III, John P. Campbell (argued), Ford & Harrison, Atlanta, Ga., for petitioner.

Francis X. Lilly, Frank A. White, Dennis K. Kade, Judith N. Macaluso, Andrea C. Casson, Linton W. Hengerer (argued), U.S. Dept. of Labor, Washington, D.C., for respondent.

Before SEITZ, Circuit Judge, STEWART, Associate Justice (Retired), and ADAMS, Circuit Judge.

OPINION OF THE COURT

STEWART, Associate Justice (Retired).

The principal question presented in this review is whether the Occupational Safety and Health Review Commission (Commission) may require an employer, as a condition of receiving a modification of the abatement date contained in a citation, to implement a medical surveillance program that is not required by an occupational safety and health standard. The Commission held that it has this authority...

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