Reich v. Occupational Safety & Health Review Commission
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
EDMONDSON, Circuit Judge:
This appeal raises the question whether a proceeding for civil penalties under the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651-678, becomes moot when an employer permanently ceases doing business. Because we conclude that this case is not moot, we vacate the order of dismissal and remand for further proceedings.
I. Background
Jacksonville Shipyards, Inc. (“JSI”) was formerly engaged in the ship repair business in Florida. In August 1991, two JSI employees were killed in a work-related fall at JSI’s Mayport Naval Station facility. The Secretary of Labor…
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