7 O.S.H. Cas.(bna) 1893, 1979 O.S.H.D. (Cch) P 24,050 Magma Copper Company v. Ray Marshall, Secretary of Labor, and Occupational Safety and Health Review Commission

608 F.2d 373 7 O.S.H. Cas.(BNA) 1893, 1979 O.S.H.D. (CCH) P 24,050 MAGMA COPPER COMPANY, Petitioner, v. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents. No. 78-2112. United States Court of Appeals, Ninth Circuit. Nov. 14, 1979. N. Douglas Grimwood, Twitty, Sievwright & Mills, Phoenix, Ariz., for petitioner. Allen H. Feldman, Laura V. Fargas, Washington, D. C., for respondents. Petition to Enforce an Order of the Occupational Safety and Health Review Commission. Before CHAMBERS, WALLACE and TANG, Circuit Judges. CHAMBERS, Circuit Judge: 1 Magma Copper Company petitions this Court to review the decision of the Occupational Safety and Health Review Commission (OSHRC), finding Magma guilty of a serious violation of Section 5(a)(1) of the Occupational Safety and Health Act, 29 U.S.C. § 654 (a)(1). This general duty provision of the Act provides that each employer subject to the Act,"shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." 2 More specifically, the charge of the…