Legal Opinion

Cape and Vineyard Division of the New Bedford Gas and Edison Light Company v. Occupational Safety and Health Review Commission

Court of Appeals for the First Circuit

Decided March 3, 1975No. 74-1223PublishedCited by 89 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

The employer, a public utility company, petitions this court to review a decision of the Occupational. Safety and Health Review Commission that the employer committed a serious violation of section 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2), by failing to comply with a safety standard promulgated in a regulation under the Act. Because we are unable to discover substantial evidence in the record to support the Commission’s finding of the violation, we reverse. 1

The Act’s goal is to eliminate dangerous conditions in the workplace.…

2Cases cited6 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. United States v. PetrilloSupreme Court of the United States · 1947
  3. United States v. National Dairy Products Corp.Supreme Court of the United States · 1963
  4. National Realty and Construction Company, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, PartyCourt of Appeals for the D.C. Circuit · 1973
  5. Ryder Truck Lines, Inc. v. Peter J. Brennan, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1974

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3Cited by89 opinions

  1. James A. McKinnon v. Skil CorporationCourt of Appeals for the First Circuit · 1981
  2. United Steelworkers of America AFL-CIO, Local 2610 v. Bethlehem Steel Corp.Court of Appeals of Maryland · 1984
  3. Diebold, Inc. v. MarshallCourt of Appeals for the Sixth Circuit · 1978
  4. Atlantic & Gulf Stevedores, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the Third Circuit · 1976
  5. UNITED STATES of America, Plaintiff-Appellee, v. PITT-DES MOINES, INC., Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1999

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