Legal Opinion
Donovan v. Royal Logging Co.
Court of Appeals for the Ninth Circuit
Decided May 18, 1981No. Nos. 79-7622, 79-7628PublishedCited by 49 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
This case reaches us because of an accident in Montana in which a logger was crushed to death when the tractor he was operating rolled over on him. The Occupational Health and Safety Administration (OSHA) cited the employer for failing to provide protective equipment.
On appeal from the administrative law judge’s (ALJ) decision, the Occupational Health and Safety Review Commission (Commission) held that Royal Logging Co. (Royal) violated the general duty clause, § 5(a)(1) of the Act, 29 U.S.C. § 654(a)(1), by not requiring operators of earthmoving machinery,…
2Cases cited18 opinions
- Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
- Whirlpool Corp. v. MarshallSupreme Court of the United States · 1980
- 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
- 6 O.S.H. Cas.(bna) 1436, 1978 O.S.H.D. (Cch) P 22,646 Cornell and Company, Inc. v. Occupational Safety and Health Review Commission and Secretary of LaborCourt of Appeals for the Third Circuit · 1978
- 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
13 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Elizabeth Dole, Secretary of Labor v. Arco Chemical Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1990
- Association Des Eleveurs De Canards Et D'Oies Du Quebec v. HarrisCourt of Appeals for the Ninth Circuit · 2013
- United Steelworkers of America AFL-CIO, Local 2610 v. Bethlehem Steel Corp.Court of Appeals of Maryland · 1984
- Inland Foundry Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2001
- 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
44 more not listed; retrieve them via the Exa API.