Legal Opinion

Fluor Constructors, Inc. v. Occupational Safety and Health Review Commission and Secretary of Labor

Court of Appeals for the Sixth Circuit

Decided November 16, 1988No. 87-4029PublishedCited by 27 opinions

1Opinion of the Court

KENNEDY, Circuit Judge.

Fluor Constructors, Inc. petitions for review of a final order of the Occupational Safety and Health Review Commission (the Commission) finding Fluor in violation of an Occupational Safety and Health Administration (OSHA) construction standard, 29 C.F.R. § 1926.451(Z )(4) (1987), for failure to require that an employee using a boatswain’s chair scaffold be protected by a lifeline. In its petition Fluor argues that the Commission’s interpretation of the standard is contrary to the express terms of the standard and constitutes a denial of Due Process because that…

2Cases cited13 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Udall v. TallmanSupreme Court of the United States · 1965
  4. United States v. National Dairy Products Corp.Supreme Court of the United States · 1963
  5. Whirlpool Corp. v. MarshallSupreme Court of the United States · 1980

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3Cited by27 opinions

  1. Sanford J. Berger v. Samuel R. PierceCourt of Appeals for the Sixth Circuit · 1991
  2. Charles A. Ries, III v. National Railroad Passenger Corporation, A/K/A Amtrak National Railroad Passenger CorporationCourt of Appeals for the Third Circuit · 1992
  3. Ella M. DAVIS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1989
  4. Hagan v. FarrisKentucky Supreme Court · 1991
  5. Crown Pacific v. Occupational Safety & Health Review CommissionCourt of Appeals for the Ninth Circuit · 1999

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