Legal Opinion
Raymond J. Donovan, Secretary of Labor v. Capital City Excavating Company, Inc., and Occupational Safety and Health Review Commission
Court of Appeals for the Sixth Circuit
Decided May 23, 1983No. 82-3215PublishedCited by 18 opinions
1Opinion of the Court
ORDER
Before JONES and KRUPANSKY, Circuit Judges, and WISEMAN, District Judge. *
The Secretary of Labor seeks review of a decision by the Occupational Safety and Health Review Commission (OSHRC) which found a violation of the Occupational Safety and Health Act (OSHA) but determined that the violation was not willful. Capital City Excavating Company, Inc. (the Company) cross-petitions the OSHRC finding of violations of safety standards in regard to maintaining a trench. For the reasons stated below, we reverse that portion of the OSHRC decision which concluded that the violation was not willful.
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2Cases cited3 opinions
- Intercounty Construction Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1975
- F. X. Messina Construction Corp. v. Occupational Safety and Health Review Commission, and the Secretary of LaborCourt of Appeals for the First Circuit · 1974
- Western Waterproofing Co. v. MarshallCourt of Appeals for the Eighth Circuit · 1978
3Cited by18 opinions
- Robert B. Reich, United States Secretary of Labor v. Trinity Industries, Inc., Respondent-Cross Occupational Safety and Health Review CommissionCourt of Appeals for the Eleventh Circuit · 1994
- Dantran, Inc. v. U.S. Department of LaborCourt of Appeals for the First Circuit · 1999
- William E. Brock, Secretary of Labor v. The L.E. Myers Company, High Voltage Division, and Occupational Safety and Health Review CommissionCourt of Appeals for the Sixth Circuit · 1987
- Brock v. L.R. Willson & Sons, Inc.Court of Appeals for the D.C. Circuit · 1985
- In Re EllisUnited States Bankruptcy Court, E.D. New York · 1985
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