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PHELPS DODGE CORP. v. OCCUPATIONAL SAFETY & HEALTH REV. COMM.

No. 83-7321.

725 F.2d 1237 (1984)

PHELPS DODGE CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Raymond J. Donovan, Secretary of Labor, and United Steelworkers of America, AFL-CIO, and Local Union 616, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Stephen W. Pogson, Evans, Kitchel & Jenckes, Phoenix, Ariz., for petitioner.

Andrea Casson, Mary Win-O'Brien, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before ANDERSON, SKOPIL and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge.

Phelps Dodge Corporation appeals from the decision of the Occupational Safety and Health Review Commission (the Commission) upholding a citation for violation of the inorganic arsenic standard, 29 C.F.R. § 1910.1018. On appeal we are asked to determine whether the inorganic arsenic standard requires an employer to compensate employees for their time and to assume the costs incurred by employees...

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