Legal Opinion

F. X. Messina Construction Corp. v. Occupational Safety and Health Review Commission, and the Secretary of Labor

Court of Appeals for the First Circuit

Decided November 5, 1974No. 74-1202PublishedCited by 44 opinions

1Per curiam

This is a petition to review a decision of the Occupational Safety and Health Review Commission (OSHRC) that peti tioner willfully violated the employment safety provisions of section 5(a) of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. § 654(a), as defined by regulation promulgated by the Secretary of Labor 1 pursuant to section 6 of the Act, 29 U.S.C. § 655. Petitioner concedes that its failure to shore, sheet, brace, slope, or otherwise support a trench of a depth greater than five feet, which permitted the collapse of the trench and the death of an employee,…

2Cases cited4 opinions

  1. Arthur Coleman v. Jiffy June Farms, Inc., James D. Hodgson, Secretary of Labor, United States Department of Labor v. Jiffy June Farms, Inc.Court of Appeals for the Fifth Circuit · 1972
  2. United States v. Illinois Central RailroadSupreme Court of the United States · 1938
  3. Brennan v. HeardCourt of Appeals for the Fifth Circuit · 1974
  4. Nabob Oil Co. v. United States. Owens v. United StatesCourt of Appeals for the Tenth Circuit · 1951

3Cited by44 opinions

  1. Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985
  2. United States v. Bank of New England, N.A.Court of Appeals for the First Circuit · 1987
  3. United States v. Kyle Jones, United States of America v. Gary NeilCourt of Appeals for the Fourth Circuit · 1984
  4. GEORGE HYMAN CONSTRUCTION COMPANY, Appellant, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Etc., AppelleeCourt of Appeals for the Fourth Circuit · 1978
  5. William E. Brock, Secretary of Labor, United States Department of Labor v. Richland Shoe CompanyCourt of Appeals for the Third Circuit · 1986

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