Commissioner of Labor & Industry v. Bethlehem Steel Corp.

KARWACKI, Judge.

I

The issue presented in this case is whether the Respondent, Bethlehem Steel Corporation (hereinafter “Bethlehem”), by permitting a deteriorating toaster oven to exist and remain in an employee lunch room, committed both a serious and a repeated violation of Maryland’s Occupational Safety and Health Act of 1973, Maryland Code (1957,1985 Repl.Vol., 1990 Cum.Supp.),1 Article 89 §§ 28-49B and, specifically, COMAR 09.12.31.U-K1) to (2) and 29 C.F.R. § 1910.303(b)(1).2

H

The facts are generally undisputed. On August 17, 1990, Bethlehem employee Raymond Pritts, along with three other…