6 O.S.H. Cas.(bna) 1636, 1978 O.S.H.D. (Cch) P 22,814 Greyhound Lines-West, and Greyhound Lines, Inc. v. Ray Marshall, Secretary of Labor, and Occupational Safety and Health Review Commission

575 F.2d 759 6 O.S.H. Cas.(BNA) 1636, 1978 O.S.H.D. (CCH) P 22,814 GREYHOUND LINES-WEST, and Greyhound Lines, Inc., Petitioners, v. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents. Nos. 76-2608, 76-3246. United States Court of Appeals, Ninth Circuit. May 25, 1978. J. Thomas Rosch (argued), of McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for petitioners. John A. Bryson (argued), of U.S. Dept. of Labor, Washington, D.C., for respondents. On Consolidated Petitions to Review Orders of the Occupational Safety & Health Review Commission. Before ELY and CARTER, Circuit Judges, and INGRAM, * District Judge. JAMES M. CARTER, Circuit Judge: 1 Greyhound Lines-West and Greyhound Lines, Inc. (hereafter referred to collectively as "Greyhound") petition for review of an administrative determination that they violated the Occupational Safety and Health Act (OSHA), 29 U.S.C. §§ 651 et seq., by failing to provide safety railings or covers for their open bus service pits. Greyhound raises the following issues: (1) is 29 C.F.R. § 1910.22 (c) applicable to Greyhound's bus maintenance pits? and if so, (2) did the…