Legal Opinion
Comtran Group, Inc. v. U.S. Department of Labor
Court of Appeals for the Eleventh Circuit
Decided July 24, 2013No. 12-10275PublishedCited by 21 opinions
1Opinion of the Court
VINSON, District Judge:
ComTran Group, Inc. (“ComTran”), petitions for review of a final decision of the Occupational Safety and Health Review Commission (“Commission”). The Commission held that ComTran violated standards under the Occupational Safety and Health Act (“OSHA” or the “Act”), 29 U.S.C. §§ 651 et seq., when one of its supervisors was caught digging in a six-feet deep trench with an unprotected five-feet high “spoil pile” at the edge of the excavation. This appeal presents an issue of first impression in our circuit: Is it appropriate to impute a supervisor’s knowledge of his own…
2Cases cited16 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
- Cuyahoga Valley Railway Co. v. United Transportation UnionSupreme Court of the United States · 1985
- 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
- New York State Electric & Gas Corporation v. Secretary of Labor and Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- John H. Quinlan v. Secretary, U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 2016
- Angel Brothers Enterprises v. WalshCourt of Appeals for the Fifth Circuit · 2021
- Atlantic Environmental Construction Company v. Courtney M. Malveaux, Commissioner, etc.Court of Appeals of Virginia · 2014
- U.S. Department of Labor v. Tampa Electric CompanyCourt of Appeals for the Eleventh Circuit · 2022
- Chewy, Inc. v. U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 2023
16 more not listed; retrieve them via the Exa API.