Irvington Moore, Division of U. S. Natural Resources, Inc. v. The Occupational Safety and Health Review Commission and F. Ray Marshall, Secretary of Labor, Gem Top Manufacturing, Inc. v. The Occupational Safety and Health Review Commission and F. Ray Marshall, Secretary of Labor
Opinion
Opinion
556 F.2d 431 5 O.S.H. Cas.(BNA) 1585, 1977-1978 O.S.H.D. ( 21,954 IRVINGTON MOORE, DIVISION OF U. S. NATURAL RESOURCES, INC., Petitioner, v. The OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and F. Ray Marshall, Secretary of Labor, Respondents. GEM TOP MANUFACTURING, INC., Petitioner, v. The OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and F. Ray Marshall, Secretary of Labor, Respondents. Nos. 75-2159 and 75-2160. United States Court of Appeals, Ninth Circuit. June 20, 1977. James B. Ruyle, Sabin, Newcomb, Sabin & Meyer, Portland, Or., argued for petitioner. Jeffrey L. Berger, Atty., William S. McLaughlin, Executive Secretary Occupational Safety & HRC, Washington, D. C., argued for respondents. On Petition for Review of the Occupational Safety and Health Review Commission. Before LUMBARD * , WRIGHT and ANDERSON, Circuit Judges. LUMBARD, Circuit Judge: 1 Gem Top Manufacturing, Inc. and Irvington Moore, Division of U.S. Natural Resources, petition for review under 29 U.S.C. § 660 of decisions by the Occupational Safety and Health Review Commission holding that they have been violating 29 C.F.R. § 1910.212 (a)(3)(ii) by failing to provide point-of-operation…