Legal Opinion

P & Z CO., INC. v. District of Columbia

District of Columbia Court of Appeals

Decided December 5, 1979No. 12771PublishedCited by 11 opinions

1Opinion of the Court

MACK, Associate Judge:

Appellants seek review of their misdemeanor convictions for failing to report employee injuries as required by D.C.Code 1973, § 36-438(c) (the D.C. Industrial Safety Act). 1 They argue that the D.C. statute is inoperative because it was preempted by congressional passage of the Occupational Safety and Health Act of 1970 (OSHA). 2 We affirm the trial court’s determination that OSHA did not invalidate the reporting requirement of the D.C. Industrial Safety Act.

D.C.Code 1973, § 36-438(c) requires employers to submit to the Minimum Wage and Industrial Safety Board copies of…

2Cases cited8 opinions

  1. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  2. Morton v. MancariSupreme Court of the United States · 1974
  3. United States v. Borden Co.Supreme Court of the United States · 1939
  4. United States v. United Continental Tuna Corp.Supreme Court of the United States · 1976
  5. Max R. Kargman v. Thomas A. Sullivan, Bertram A. Druker v. City of BostonCourt of Appeals for the First Circuit · 1977

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3Cited by11 opinions

  1. Riggs National Bank of Washington, D.C. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1990
  2. National Solid Wastes Management Ass'n v. KillianCourt of Appeals for the Seventh Circuit · 1990
  3. Traudt v. Potomac Electric Power Co.District of Columbia Court of Appeals · 1997
  4. Dukes v. Sirius Construction, Inc.Montana Supreme Court · 2003
  5. Mohan v. NorrisCourt of Appeals of Maryland · 2005

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