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SMITH STEEL CASTING CO. v. DONOVAN

No. 83-4040.

725 F.2d 1032 (1984)

SMITH STEEL CASTING COMPANY, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

March 2, 1984.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Robert D. Moran, Washington, D.C., for petitioner.

John A. Bryson, Charles I. Hadden, Dept. of Labor, NDOL, Washington, D.C., for respondents.

Before GEE, TATE and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Smith Steel Casting Company appeals from citations by the Occupational Safety and Health Administration for failure to maintain an adequate respirator program and for permitting foundry workers to be exposed to hazardous levels of silica dust and copper fumes without adequate respiratory protection. Smith Steel challenges both the procedural and substantive validity of the search warrant used by the OSHA inspectors to enter...

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