Legal Opinion

CARNATION COMPANY, Petitioner, v. SECRETARY OF LABOR, and Occupational Safety and Health Review Commission, Respondents

Court of Appeals for the Ninth Circuit

Decided April 9, 1981No. 78-2894PublishedCited by 13 opinions

1Per curiam

In this enforcement proceeding, Carnation petitions to review the validity of an agency finding that Carnation committed a nonserious violation of 29 U.S.C. § 654(a)(2), by failing to comply with the Secretary’s occupational noise standard, 29 C.F.R. 1910.95. 1

Carnation manufactures metal cans in its Waupun, Wisconsin facility. An industrial hygienist with the Occupational Safety and Health Administration (OSHA) conducted an inspection of the Waupun facility. At three random locations in the press room of the plant the inspector found readings indicating that the machines subjected the…

2Cases cited11 opinions

  1. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
  2. United States v. CaceresSupreme Court of the United States · 1979
  3. Vitarelli v. SeatonSupreme Court of the United States · 1959
  4. United States v. Clark Eugene HeffnerCourt of Appeals for the Fourth Circuit · 1970
  5. United States v. Eziquio Calderon-Medina, United States of America v. Evaristo Rangel-GonzalesCourt of Appeals for the Ninth Circuit · 1979

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3Cited by13 opinions

  1. Vanover v. HantmanDistrict Court, District of Columbia · 1999
  2. Trw, Inc., and Horace A. Shepard v. The Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 1981
  3. ASSE International, Inc. v. KerryCourt of Appeals for the Ninth Circuit · 2015
  4. Donovan v. Castle & Cooke FoodsCourt of Appeals for the Ninth Circuit · 1982
  5. Sanders v. BUREAU OF CRI. COMPENSATION, INC.District Court of Appeal of Florida · 1985

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