Legal Opinion

Power Plant Division, Brown & Root, Inc. v. Occupational Safety and Health Review Commission, and Raymond J. Donovan

Court of Appeals for the Fifth Circuit

Decided October 26, 1981No. 79-3677PublishedCited by 9 opinions

1Opinion of the Court

GODBOLD, Chief Judge:

Like the petitioners in S&H Riggers & Erectors, Inc. v. OSHRC, 659 F.2d 1273 (5th Cir. 1981), decided today, petitioner Power Plant Division, Brown & Root, Inc. (Brown & Root) seeks review of a final order of the Occupational Safety and Health Review Commission finding it in serious violation of 29 C.F.R. § 1926.28(a) 1 for failing to provide appropriate personal protective equipment for employees working at heights. Unlike our decision in S&H Riggers, however, we affirm the citation issued to Brown & Root.

Brown & Root is a large construction firm based in Texas. At the…

2Cases cited7 opinions

  1. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Raymond Hendrix, D/B/A Alsea Lumber CompanyCourt of Appeals for the Ninth Circuit · 1975
  2. TODD SHIPYARDS CORP., Petitioner, v. SECRETARY OF LABOR, RespondentCourt of Appeals for the Ninth Circuit · 1978
  3. S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of Labor, Standard Roofing & Sheet Metal, Inc. v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Secretary of Labor, S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1981
  4. RMI Co. v. Secretary of LaborCourt of Appeals for the Sixth Circuit · 1979
  5. American Airlines, Inc. v. Secretary of LaborCourt of Appeals for the Second Circuit · 1978

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3Cited by9 opinions

  1. P. Gioioso & Sons, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the First Circuit · 1997
  2. D.A. Collins Construction Co., Inc. v. Secretary of LaborCourt of Appeals for the Second Circuit · 1997
  3. Power Plant Division, Brown & Root, Inc. v. Occupational Safety and Health Review Commission, and Raymond J. Donovan, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1982
  4. A.J. McNulty & Co. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2002
  5. Durez Division of Occidental Chemical Corp. v. Occupational Safety and Health AdministrationCourt of Appeals for the D.C. Circuit · 1990

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