True Drilling Company v. Donovan

703 F.2d 1087 11 O.S.H. Cas.(BNA) 1310, 1983 O.S.H.D. (CCH) P 26,498 TRUE DRILLING COMPANY, a co-partnership, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Review Commission, Respondent. No. 81-7033. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 5, 1982. Decided April 11, 1983. John L. Gallinger, Holland & Hart, Billings, Mont., for petitioner. Domenique Kirchner, John A. Bryson, Washington, D.C., for respondent. On Petition to Review an Order of the Occupational Safety and Health Review Commission. Before BROWNING, Chief Judge, and WALLACE and BOOCHEVER, Circuit Judges. BROWNING, Chief Judge: 1 Petitioner True Drilling Company appeals a final order of the Occupational Safety and Health Review Commission affirming the Secretary of Labor's citation charging the company with a "serious violation" 1 of section 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. Sec. 654 (a)(2) and 29 C.F.R. Sec. 1910.212(a), 2 by failing to install machine guarding to protect employees from rotating parts on petitioner's drilling equipment. 2 The Secretary's citation was directed at…