Legal Opinion
Phoenix Roofing, Inc. v. Elizabeth Dole, Secretary of Labor, and Occupational Safety and Health Administration
Court of Appeals for the Fifth Circuit
Decided June 9, 1989No. 88-4492PublishedCited by 12 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
The petitioner in this case contests a citation issued by the Occupational Safety and Health Administration (OSHA) for an asserted violation of certain safety regulations. Our task is twofold: On the one hand, we must determine at what point the *1029zealous enforcement of administrative employee safety regulations becomes hyper-technical and counterproductive in light of employer compliance with the purposes of the regulations; on the other hand, we must circumscribe carefully the extent to which employers may disregard the regulations and make their own safety…
2Cases cited13 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Udall v. TallmanSupreme Court of the United States · 1965
- Ryder Truck Lines, Inc. v. Peter J. Brennan, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1974
- Peter J. Brennan, Secretary of Labor v. Butler Lime and Cement Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Seventh Circuit · 1975
- Shaw Construction, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, Jr., Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- MOWAT CONST. CO. v. Department of Labor and IndustriesCourt of Appeals of Washington · 2009
- Mowat Construction Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2009
- Corbesco, Inc. v. Elizabeth Dole, Secretary, United States Department of Labor, and Occupational Safety and Health Review CommissionCourt of Appeals for the Fifth Circuit · 1991
- Sanderson Farms, Incorporated v. OSHCCourt of Appeals for the Fifth Circuit · 2016
- Elizabeth Dole, Secretary of Labor, Petitioner-Cross v. Phoenix Roofing, Inc., Respondent-Cross v. Occupational Safety & Health Review CommissionCourt of Appeals for the Fifth Circuit · 1991
7 more not listed; retrieve them via the Exa API.