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BETHLEHEM STEEL CORP. v. COMM. OF LABOR

No. 143, September Term, 1994.

339 Md. 323 (1995)

BETHLEHEM STEEL CORPORATION v. COMMISSIONER OF LABOR AND INDUSTRY.

Court of Appeals of Maryland.

July 25, 1995.

Attorney(s) appearing for the Case

Eric Hemmendinger (Earle K. Shawe, Shawe & Rosenthal, on brief), Baltimore, for petitioner.

Jonathan R. Krasnoff (J. Joseph Curran, Jr., Attorney General of Maryland, on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

RODOWSKY, Judge.

This judicial review action arises under the Maryland Occupational Safety and Health Act (MOSHA), Md.Code (1991 & 1994 Cum.Supp.), §§ 5-101 through 5-901 of the Labor and Employment Article (LE). The issue is whether, under a citation charging violation of the machine guarding requirements of 29 C.F.R. § 1910.212(a)(1), the burden is on the employer to prove infeasibility of compliance as an affirmative defense. The Court of Special...

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