Robert B. REICH, Secretary of Labor, Petitioner,
v.
ARCADIAN CORPORATION; and Occupational Safety and Health Review Commission, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
April 28, 1997.
April 28, 1997.
Attorney(s) appearing for the Case
Bruce Foster Justh, Thomas S. Williamson, Jr., Ann S. Rosenthal, United States Department of Labor, Office of the Solicitor, Washington, DC, for Petitioner.
Stephen Charles Yohay, Arthur G. Sapper, McDermott, Will & Emery, Washington, DC, for Arcadian Corporation.
Ray H. Darling, Executive Secretary, Occupational Safety Health Administration, Washington, DC, for Occupational Safety and Health Review Commission.
Jeremiah A. Collins, George H. Cohen, Bredhoff & Kaiser, Washington, DC, Jonathan P. Hiatt, Washington, DC, for American Federation of Labor and Congress of Industrial Organization, Amicus Curiae.
Robert P. Davis, Washington, DC, Stephen A. Bokat, Mona C. Zeiberg, Washington, DC, for Chamber of Commerce of the United States of America (Chamber), Amicus Curiae.
Richard Abbott Samp, Washington, DC, for Washington Legal Foundation, Amicus Curiae.
Robert E. Williams, Daniel V. Yager, Washington, DC, Susan S. Nussbaum, McGuiness & Williams, Washington, DC, for Labor Policy Assn, Amicus Curiae.
Before POLITZ, Chief Judge, and WIENER and STEWART, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
STEWART, Circuit Judge:
Today we interpret the meaning of the General Duty Clause of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. §§ 651-678). This case presents the question of whether the Secretary of Labor (Secretary) was correct when he decided to fine Arcadian Corporation (Arcadian) on a per-employee basis for violating the Clause. The Occupational Safety and Health Review Commission...
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