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IN THE COURT OF APPEALS OF MARYLAND No. 131

September Term, 1995 ___________________________________

COMMISSIONER OF LABOR AND INDUSTRY v. BETHLEHEM STEEL CORPORATION

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*Murphy, C.J. Eldridge Rodowsky Chasanow Karwacki Bell Raker JJ. ___________________________________ Opinion by Karwacki, J. Rodowsky, Chasanow, and Raker, JJ., concur and dissent. ___________________________________ Filed: November 14, 1996

*Murphy, C.J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being

recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and adoption of this opinion.

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

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Maryland Law