Legal Opinion

Southern Colorado Prestress Co. v. Occupational Safety & Health Review Commission

Court of Appeals for the Tenth Circuit

Decided November 6, 1978No. 76-1974PublishedCited by 2 opinions

1Opinion of the Court

HOLLOWAY, Circuit Judge.

This is an appeal by Southern Colorado Prestress Company (Prestress) from an order of the Occupational Safety and Health Review Commission (the Commission). In that order the Commission affirmed the decision of an administrative law judge holding that Prestress had committed a serious violation of the safety standard set forth at 29 C.F.R. § 1926.105(a) and (b) — a standard which Prestress was required to comply with by the duty provisions of the Occupational Safety and Health Act (the Act), 29 U.S.C. § 654(a). More specifically, the violation found was the company’s…

2Cases cited15 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  3. Michael Meyers, Individually and as Representative of a Class v. Pennypack Woods Home Ownership Association and Marion A. SteinbronnCourt of Appeals for the Third Circuit · 1977
  4. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1945
  5. Industrial Union Department, Afl-Cio v. James D. Hodgson, Secretary, Department of Labor, Environmentaldefense Fund, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1974

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3Cited by2 opinions

  1. Ricardo Santana v. Holiday Inns, Inc., Gene Johnson, Randy Scheets, Bruce Faltin as Employees Holiday Inns, Inc.Court of Appeals for the Ninth Circuit · 1982
  2. 6 O.S.H. Cas.(bna) 2032, 1979 O.S.H.D. (Cch) P 23,247 Southern Colorado Prestress Company v. Occupational Safety and Health Review Commission, and Ray Marshall, Secretary of LaborCourt of Appeals for the Tenth Circuit · 1978

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