Legal Opinion
Horne Plumbing and Heating Company v. Occupational Safety and Health Review Commission and John T. Dunlop, Secretary of Labor
Court of Appeals for the Fifth Circuit
Decided February 26, 1976No. 74--3897PublishedCited by 50 opinions
1Opinion of the Court
GEWIN, Circuit Judge:
Petitioner Horne Plumbing & Heating Company seeks review under 29 U.S.C. § 660(a) of an order of the Occupational Safety and Health Review Commission (the Commission) upholding the administrative law judge’s decision that the company violated § 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2), by (1) failing properly to shore the sides of a trench, 29 C.F.R. 1926.652(b), and (2) storing dirt within two feet of the edge of a trench, 29 C.F.R. 1926.651(i)(l). A penalty of $1000 was assessed. Finding that the decision rests on an incorrect theory of…
2Cases cited9 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- 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
- 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
- Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Hanovia Lamp Division, Canred Precision IndustriesCourt of Appeals for the Third Circuit · 1974
- Atlas Roofing Company, Inc. v. Occupational Safety and Health Review Commission, United States Department OflaborCourt of Appeals for the Fifth Circuit · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- New York State Electric & Gas Corporation v. Secretary of Labor and Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1996
- 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
- Ray Marshall, Secretary of Labor v. Knutson Construction Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Eighth Circuit · 1977
- 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
- H. B. Zachry Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Fifth Circuit · 1981
45 more not listed; retrieve them via the Exa API.