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BROCK v. DOW CHEMICAL U.S.A.

Nos. 85-2541, 85-2545.

801 F.2d 926 (1986)

William E. BROCK, Secretary of Labor, Petitioner, v. DOW CHEMICAL U.S.A., an Operating Unit of the Dow Chemical Co., a Corp. and Occupational Safety & Health Review Commission, Respondents. DOW CHEMICAL U.S.A., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 16, 1986.

Attorney(s) appearing for the Case

Sandra Lord, Dept. of Labor, Washington, D.C., for petitioner.

Robert Moran, Washington, D.C., for respondents.

Before CUDAHY and COFFEY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

The Secretary of Labor ("Secretary") conducted a health inspection of the employer's facility. Following the inspection, the Secretary cited the employer for willfully failing to record cases of employee injury or illness. An Administrative Law Judge ("ALJ") found the employer liable for some incidents, but not others. The Secretary petitioned this court for enforcement, with modifications, of the ALJ's order, and the employer cross...

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