Bethlehem Steel Corporation v. Occupational Safety and Health Review Commission and Peter J. Brennan, Secretary of Labor

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This petition for review of an order of the Occupational Safety and Health Review Commission, dated September 17, 1975, and amended on September 22,1975, requires us to interpret the meaning of § 17(a) of the Occupational Safety and Health Act, 29 U.S.C. § 666(a), 1 particularly the meaning of the word “repeatedly” in that section. Because we hold that the Commission applied a legally erroneous interpretation of § 666(a) in this case, 2 we grant the petition for review and modify the order of the Commission.

I. THE FACTS

The facts are undisputed. 3…