Legal Opinion

McAfee-Guthrie, Inc. v. Division of Occupational Safety & Health

Court of Appeals of Arizona

Decided March 1, 1981No. 1 CA-IC 2422PublishedCited by 4 opinions

1Opinion of the Court

FROEB, Judge.

Petitioner McAfee-Guthrie, Inc., was cited by the Division of Occupational Safety and Health of the Industrial Commission of Arizona (OSHA) pursuant to A.R.S. § 23-403 for two violations. The petitioner has exhausted his administrative remedies and brought this special action pursuant to A.R.S. § 23-423(1) to contest one of those violations.

On September 9, 1977, McAfee-Guthrie was installing sewer lines in Mesa. Two union pipefitters, Russell and Plummer, were laying sewer pipe in a ditch that was twenty feet deep. While working in this ditch, they were protected by a steel…

2Cases cited5 opinions

  1. 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
  2. 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
  3. 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
  4. Horne Plumbing and Heating Company v. Occupational Safety and Health Review Commission and John T. Dunlop, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
  5. Ocean Electric Corp. v. Secretary of LaborCourt of Appeals for the Fourth Circuit · 1979

3Cited by4 opinions

  1. Arizona Public Service Co. v. Industrial CommissionCourt of Appeals of Arizona · 1994
  2. Division of Occupational Safety & Health of the Industrial Commission v. Ball, Ball & Brosamer, Inc.Court of Appeals of Arizona · 1992
  3. Division of Occupational Safety & Health of the Industrial Commission v. Chuck Westenburg Concrete Contractors, Inc.Court of Appeals of Arizona · 1998
  4. Markwood Enterprises, Ltd. v. Division of Occupational Safety & HealthCourt of Appeals of Arizona · 1986

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