8 O.S.H. Cas.(bna) 1169, 1980 O.S.H.D. (Cch) P 24,353 Ray Marshall, Secretary of Labor v. Union Oil Company of California, and Occupational Safety and Health Review Commission

616 F.2d 1113 8 O.S.H. Cas.(BNA) 1169, 1980 O.S.H.D. (CCH) P 24,353 Ray MARSHALL, Secretary of Labor, Petitioner, v. UNION OIL COMPANY OF CALIFORNIA, and Occupational Safety and Health Review Commission, Respondents. No. 78-2002. United States Court of Appeals, Ninth Circuit. April 7, 1980. 1 Charles I. Hadden, U. S. Dept. of Labor, Washington, D. C., for petitioner; Eric W. Cloud, Washington, D. C., on brief. 2 W. Carl Jordan, Vinson & Elkins, Houston, Tex., for respondents; William A. Jones, Jr., Houston, Tex., on brief. 3 Appeal from an Order of the Occupational Safety and Health Review Commission. 4 Before KENNEDY and TANG, Circuit Judges, and SCHWARTZ, * District Judge. 5 SCHWARTZ, District Judge. 6 The Secretary of Labor petitions for review of a final order of the Occupational Safety and Health Review Commission (OSHRC) vacating a citation against UNION OIL COMPANY for violation of regulations promulgated under the Occupational Safety and Health Act (OSHA), Pub.L. 91-596, 29 U.S.C. §§ 651, et seq. 7 Specifically, the citation at issue here alleged a serious violation of § 5(a) (2) of the Act and of 29 C.F.R. § 1910.28 (a)(3) which requires the…