Legal Opinion
Lynn Martin, Secretary of Labor v. Occupational Safety and Health Review Commission, and Milliken & Company
Court of Appeals for the Eleventh Circuit
Decided December 4, 1991No. 91-8365PublishedCited by 5 opinions
1Per curiam
In this petition for review, the Secretary of Labor challenges the decision of the Occupational Safety and Health Review Commission. The Secretary issued to Mil-liken & Company a citation for violation of the permissible exposure limits of cotton dust contained in the Secretary’s regulation; 29 C.F.R. § 1910.1043(c)(1), implementing the Occupational Safety and Health Act. The Secretary designated the violation as a “serious violation” under 29 U.S.C. § 666(k). The Commission vacated the Secretary’s citation, concluding that the Secretary had failed to carry its burden of proving that Milliken…
2Cases cited6 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
- Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
- Atlas Roofing Company, Inc. v. Occupational Safety and Health Review Commission, United States Department OflaborCourt of Appeals for the Fifth Circuit · 1975
- Electric Smith, Inc. v. Secretary of LaborCourt of Appeals for the Ninth Circuit · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Drew v. Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2002
- United States v. David McLeanCourt of Appeals for the Eleventh Circuit · 2015
- Trinity Industries, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the Fifth Circuit · 2000
- Drew v. Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2002
- Martha Martinez-Lara v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2025