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CENTRAL OF GA. R. CO. v. OCCUP. S. & H. R. COM'N

No. 77-2111.

576 F.2d 620 (1978)

CENTRAL OF GEORGIA RAILROAD COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

July 13, 1978.

Attorney(s) appearing for the Case

Edgar A. Neely, Jr., Richard K. Hines, Atlanta, Ga., Charles A. Horsky, Jeffrey S. Berlin, William P. Stallsmith, Jr., Washington, D.C., for petitioner.

Diane E. Burkley, Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety & Health, Allen H. Feldman, Acting Counsel, Dept. of Labor, Washington, D.C., for respondents.

Lawrence M. Mann, William A. Hutchins, Washington, D.C., for intervenor United Transp. Union.

Before TUTTLE, GEE and FAY, Circuit Judges.

GEE, Circuit Judge:

Section 5 of the Occupational Safety and Health Act (OSHA), 29 U.S.C. §§ 651-678, requires that every employer:

(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act.

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