PUFFER'S HARDWARE, INC. v. DONOVAN

No. 83-1863.

742 F.2d 12 (1984)

PUFFER'S HARDWARE, INC., d/b/a Beacon Hardware, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, Respondent.

United States Court of Appeals, First Circuit.

Decided August 20, 1984.


Attorney(s) appearing for the Case

Mary K. Ryan, Boston, Mass., with whom Alan D. Rose, Patricia A. Diamond, and Nutter, McClennen & Fish, Boston, Mass., were on brief, for petitioner.

Laura V. Fargas, Atty., Washington, D.C., with whom Francis X. Lilly, Sol. of Labor, Frank A. White, Associate Sol., Washington, D.C., for Occupational Safety and Health, Dennis K. Kade, Washington, D.C., Counsel for Appellate Litigation, and Judith N. Macaluso, Asst. Counsel for Appellate Litigation, U.S. Dept. of Justice, Arlington, Va., were on brief, for respondent.

Before CAMPBELL, Chief Judge, STEWART, Associate Justice (Retired), and BOWNES, Circuit Judge.


STEWART, Justice (Retired).

The general duty clause of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1), provides that "[e]ach employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." In this case, the Occupational Health and Safety Review Commission...

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