6 O.S.H. Cas.(bna) 1873, 1978 O.S.H.D. (Cch) P 22,969 Titanium Metals Corporation of America v. W. J. Usery, Secretary of Labor, U. S. Department of Labor and Occupational Safety and Health Review Commission

579 F.2d 536 6 O.S.H. Cas.(BNA) 1873, 1978 O.S.H.D. (CCH) P 22,969 TITANIUM METALS CORPORATION OF AMERICA, Petitioner, v. W. J. USERY, Secretary of Labor, U. S. Department of Labor and Occupational Safety and Health Review Commission, Respondents. No. 75-3724. United States Court of Appeals, Ninth Circuit. Aug. 4, 1978. Gary Goodheart (argued), Las Vegas, Nev., for petitioner. Allen H. Feldman (argued), Washington, D. C., for respondents. On Appeal from the Occupational Safety and Health Review Commission. Before CHAMBERS and KILKENNY, Circuit Judges, and KELLEHER * , District Judge. PER CURIAM: 1 Titanium Metals Corporation of America has petitioned this court to review an order of the Occupational Safety and Health Review Commission ("OSHRC") finding the petitioner (respondent below) to have committed a serious violation of the general duty clause of the Occupational Safety and Health Act ("OSHA"). 1 Because we find that the Commission's decision is supported by substantial evidence when the record is considered as a whole, we affirm. 2 The finding of a violation of OSHA §§ 5(a)(1) and 17(k) was the culmination of an investigation prompted by an explosion and fire that…