DURIRON CO., INC. v. SECRETARY OF LABOR

No. 83-3446.

750 F.2d 28 (1984)

The DURIRON COMPANY, INC., Petitioner, v. SECRETARY OF LABOR: UNITED STATES OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, United Steelworkers of America, Local Union 3320, Authorized Employee Representative.

United States Court of Appeals, Sixth Circuit.

Decided September 25, 1984.


Attorney(s) appearing for the Case

Richard A. DuRose (argued), Smith & Schnacke, Dayton, Ohio, for petitioner.

Occupational, Safety and Health Review Com'n, Washington, D.C., Robert D. McGillicuddy, Domenique Kirchner (argued), U.S. Dept. of Labor, Washington, D.C., Mary-Win O'Brien, Asst. Gen. Counsel, Pittsburgh, Pa., for respondent.

Robert D. Moran, Vorys, Sater, Seymour & Pease, Washington, D.C., for amicus curiae Cast Metals Federation.

Before KEITH and CONTIE, Circuit Judges, and DOWD, District Judge.


KEITH, Circuit Judge.

This is a petition by the Duriron Company (Duriron) to review an order of the Occupational Safety and Health Review Commission (Commission) that found Duriron had violated Section 5(a)(1) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(1) (commonly known as the general duty clause). For the reasons set forth below, the order of the Commission is affirmed.

Petitioner, Duriron, is a business concern engaged in...

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