Legal Opinion

Shaw Construction, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, Jr., Secretary of Labor

Court of Appeals for the Fifth Circuit

Decided July 12, 1976No. 75-3495PublishedCited by 37 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

Shaw Construction, Inc., an underground utilities construction company, petitions for review of an order of the Occupational Safety and Health Review Commission dated July 22, 1975, which held that Shaw committed two serious violations of regulations defining safety standards for trenching operations. In May of 1973, Shaw was engaged in lowering a telephone conduit which entailed, among other things, the construction of a trench nine feet deep, five feet wide, and twenty feet long.

The Secretary of Labor cited Shaw for a number of alleged violations of the Occupational…

2Cases cited5 opinions

  1. California Stevedore and Ballast Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Ninth Circuit · 1975
  2. Accu-Namics, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, and Johnt. DunlopCourt of Appeals for the Fifth Circuit · 1975
  3. Rea Express, Inc. v. Peter J. Brennan, Secretary of Labor and the Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1974
  4. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Interstate Glass Co.Court of Appeals for the Eighth Circuit · 1973
  5. Boris S. Nadiak v. Civil Aeronautics Board and Najeeb E. Halaby, Administrator of the Federalaviation AgencyCourt of Appeals for the Fifth Circuit · 1962

3Cited by37 opinions

  1. GEORGE HYMAN CONSTRUCTION COMPANY, Appellant, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Etc., AppelleeCourt of Appeals for the Fourth Circuit · 1978
  2. Todd Shipyards Corp. v. BlackCourt of Appeals for the Ninth Circuit · 1983
  3. Faultless Division, Bliss & Laughlin Industries, Inc., a Corporation v. Secretary of Labor, and Occupational Safety and Health Review CommissionCourt of Appeals for the Seventh Circuit · 1982
  4. Todd Shipyards Corp. v. BlackCourt of Appeals for the Ninth Circuit · 1983
  5. Marshall v. Sun Petroleum Products Co.Court of Appeals for the Third Circuit · 1980

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