Legal Opinion

RAY EVERS WELDING CO., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent

Court of Appeals for the Sixth Circuit

Decided July 17, 1980No. 77-3581PublishedCited by 40 opinions

1Opinion of the Court

WEICK, Circuit Judge.

Ray Evers Welding Company (Evers), an employer, has petitioned this court to review the final decision and order of the Occupational Safety and Health Review Commission (OSHRC) holding Evers liable for an alleged serious violation of Section 5(a)(2)1 of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 654(a)(2)) for neglecting to require its employees to use appropriate personal protection equipment (safety belts and lanyards) allegedly mandated under the Secretary’s regulation 29 CFR § 1926.28(a),2 and assessing a civil penalty of $200.00 therefor. The issues…

2Cases cited10 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. United States v. National Dairy Products Corp.Supreme Court of the United States · 1963
  4. 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
  5. 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

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3Cited by40 opinions

  1. Coffman v. Keene Corp.Supreme Court of New Jersey · 1993
  2. Donovan v. Royal Logging Co.Court of Appeals for the Ninth Circuit · 1981
  3. Freeman United Coal Mining Company v. Federal Mine Safety and Health Review Commission and Secretary of LaborCourt of Appeals for the D.C. Circuit · 1997
  4. 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
  5. 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

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