American Smelting and Refining Company v. Occupational Safety and Health Review Commission

GIBSON, Circuit Judge.

Petitioner, American Smelting and Refining Company, upon complaint of the United Steelworkers of America (Union), was charged with a violation of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (hereafter the Act or OSHA), in allowing the existence of a health hazard at its Omaha, Nebraska plant. Specifically, Petitioner, was charged with exposing its employees to hazardous airborne concentrations of lead. The Act’s general purpose and its “general duty” clause 1 evidence a clear Congressional purpose to provide employees a safe and nonhazardous…