Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission, and Vy Lactos Laboratories, Inc.

MEHAFFY, Chief Judge.

The Secretary of Labor has petitioned this court to review the decision of the Occupational Safety and Health Review Commission in Vy Lactos Laboratories, Inc., OSHRC Dock. No. 31 (Feb. 21, 1973). The decision in question affirmed, but on different grounds, a hearing examiner’s report and order that had vacated a citation and proposed penalty issued by the Secretary to Vy Lactos for an alleged serious violation of the Occupational Safety and Health Act’s general duty clause, 29 U.S.C. § 654(a)(1). The Secretary argues that the Commission’s decision is based on an…