9 O.S.H. Cas.(bna) 1755, 1981 O.S.H.D. (Cch) P 25,395 Raymond J. Donovan, Secretary of Labor, Petitioner/cross-Respondent v. Royal Logging Company, Respondent/cross-Petitioner, and Occupational Safety and Health Review Commission

645 F.2d 822 9 O.S.H. Cas.(BNA) 1755, 1981 O.S.H.D. (CCH) P 25,395 Raymond J. DONOVAN, Secretary of Labor, Petitioner/Cross-Respondent, v. ROYAL LOGGING COMPANY, Respondent/Cross-Petitioner, and Occupational Safety and Health Review Commission, Respondent. Nos. 79-7622, 79-7628. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 6, 1981. Decided May 18, 1981. John R. Bradley, Washington, D.C., for OSHRC. George J. Tichy, Spokane, Wash., for Royal Logging Co. and Donovan. On Petition to Review an Order of the Occupational Safety and Health Review Commission. Before WRIGHT and HUG, Circuit Judges, and EAST, Senior District Judge. * EUGENE A. WRIGHT, Circuit Judge: 1 This case reaches us because of an accident in Montana in which a logger was crushed to death when the tractor he was operating rolled over on him. The Occupational Health and Safety Administration (OSHA) cited the employer for failing to provide protective equipment. 2 On appeal from the administrative law judge's (ALJ) decision, the Occupational Health and Safety Review Commission (Commission) held that Royal Logging Co. (Royal) violated the general duty clause, § 5(a)(1) of the Act, 29…