United States Department of Labor v. Kerr-Mcgee Chemical Corporation Occupational Safety & Health Review Commission

985 F.2d 577 15 O.S.H. Cas. (BNA) 2070 , 1993 O.S.H.D. (CCH) P 29,939 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. KERR-MCGEE CHEMICAL CORPORATION; Occupational Safety & Health Review Commission, Respondents. No. 90-70673. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1992. Decided Jan. 21, 1993. Petition to Review a Decision of the Occupational Safety & Health Review Commission, No. 88-2590. O.S.H.R.C. REVERSED AND REMANDED. 1 Before O'SCANNLAIN and RYMER, Circuit Judges, and VAN SICKLE, District Judge. * 2 MEMORANDUM ** 3 The Department of Labor appeals from an Occupational Safety & Health Review Commission order changing a citation against Kerr-McGee Chemical Corporation from "willful" under 29 U.S.C. § 666 (a) (1985) to "not serious" under 29 U.S.C. § 666 (c) (1985). We have jurisdiction under 29 U.S.C. § 660 (b) (1985), and we reverse and remand. 4 * The…