MARTIN v. OSHRC

No. 86-2641.

941 F.2d 1051 (1991)

Lynn MARTIN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, CF & I Steel Corporation, Intervenor-Respondent.

United States Court of Appeals, Tenth Circuit.

August 5, 1991.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Robert P. Davis, Sol. of Labor, Cynthia L. Attwood, Associate Sol. for Occupational Safety and Health, Ann Rosenthal, for Appellate Litigation and John Shortall, U.S. Dept. of Labor, Washington, D.C., for petitioner.

Randy L. Sego and John D. Faught, John Faught & Associates, Denver, Colo., for intervenor-respondent.

Before MOORE and BALDOCK, Circuit Judges and DAUGHERTY, District Judge.


BALDOCK, Circuit Judge.

In Martin v. OSHRC, ___ U.S. ___, 111 S.Ct. 1171, 113 L.Ed.2d 117 (1991), the Supreme Court held that a reasonable interpretation of the Secretary of Labor (Secretary) is to be preferred over a reasonable interpretation of the Occupational Safety and Health Review Commission (Commission) when it comes to an ambiguous regulation under the Occupational Safety and Health Act of 1970 (the Act). Id., 111 S.Ct. at 1175, 1179-80. We...

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