Legal Opinion

NATIONAL STEEL AND SHIPBUILDING COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent

Court of Appeals for the Ninth Circuit

Decided October 29, 1979No. 78-2695PublishedCited by 28 opinions

1Opinion of the Court

CHOY, Circuit Judge:

National Steel and Shipbuilding Co. (National) petitions for review of an order of the Occupational Safety and Health Review Commission (OSHRC or Commission) finding that it “willfully” violated a safety standard contrary to § 5(a)(2) of the Occupational Safety and Health Act (OSHA or Act), 29 U.S.C. § 654(a)(2). 1 We affirm.

I. Statement of the Case

National is engaged in building commercial and military oil tankers. During construction of a ship, a scaffolding is set up alongside the ship. The scaffolding is usu ally protected with top and midrails. When construction and…

2Cases cited19 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
  3. United States v. Illinois Central RailroadSupreme Court of the United States · 1938
  4. Frank Irey, Jr., Inc., a Corporation v. Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1975
  5. 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

14 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. United States v. Kyle Jones, United States of America v. Gary NeilCourt of Appeals for the Fourth Circuit · 1984
  2. The Ensign-Bickford Company v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1983
  3. Valdak Corporation v. Occupational Safety and Health Review Commission the Secretary of the United States Department of LaborCourt of Appeals for the Eighth Circuit · 1996
  4. Kaspar Wire Works, Inc. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2001
  5. Pendergrass v. RD Michaels, Inc.District Court of Appeal of Florida · 2006

23 more not listed; retrieve them via the Exa API.

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