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Raymond J. Donovan, Secretary of Labor v. Daniel Construction Co., Inc., and Occupational Safety and Health Review Commission

Court of Appeals for the First Circuit

Decided November 17, 1982No. 82-1193PublishedCited by 18 opinions

1Opinion of the Court

DAVIS, Circuit Judge.

The Occupational Safety and Health Commission decided that respondent Daniel Construction Company (Daniel) violated § 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2) (1976), by failing to separate open wiring in an electrical receptacle from conducting materials. But the Commission also held, with one dissent, that no penalty would be assessed nor abatement required, as the violation was de minimis. The Secretary of Labor petitions for review of the holding that the violation was no more than de minimis. We affirm.

I

Daniel, a South Carolina-based…

2Cases cited6 opinions

  1. Cape and Vineyard Division of the New Bedford Gas and Edison Light Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the First Circuit · 1975
  2. Peter J. Brennan, Secretary of Labor v. Butler Lime and Cement Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Seventh Circuit · 1975
  3. Lee Way Motor Freight, Inc. v. Secretary of LaborCourt of Appeals for the Tenth Circuit · 1975
  4. 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
  5. Modern Drop Forge Company v. Secretary of LaborCourt of Appeals for the Seventh Circuit · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Brock v. L.R. Willson & Sons, Inc.Court of Appeals for the D.C. Circuit · 1985
  2. Fluor Constructors, Inc. v. Occupational Safety and Health Review Commission and Secretary of LaborCourt of Appeals for the Sixth Circuit · 1988
  3. Modern Continental/obayashi, a Joint Venture v. Occupational Safety and Health Review Commission and Secretary of LaborCourt of Appeals for the First Circuit · 1999
  4. Phoenix Roofing, Inc. v. Elizabeth Dole, Secretary of Labor, and Occupational Safety and Health AdministrationCourt of Appeals for the Fifth Circuit · 1989
  5. William E. Brock, United States Secretary of Labor v. Brooks Woolen Company, Inc., and Occupational Safety and Health Review CommissionCourt of Appeals for the First Circuit · 1986

13 more not listed; retrieve them via the Exa API.

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