Legal Opinion
Robert B. Reich, United States Secretary of Labor v. Trinity Industries, Inc., Respondent-Cross Occupational Safety and Health Review Commission
Court of Appeals for the Eleventh Circuit
Decided March 22, 1994No. 92-2559PublishedCited by 55 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
The Secretary of Labor petitions this court for review of the Occupational Safety and Health Commission’s determination that Trinity Industries, Inc. did not “willfully” violate 29 U.S.C. § 654(a) and applicable regulations. We hold that the Commission misinterpreted the law, and Trinity willfully violated the Occupational Safety and Health Administration’s (OSHA’s) regulations.
BACKGROUND
Noise at the work place is a serious health problem. E.g., 46 Fed.Reg. 4078 (January 16,1981). In enacting the Occupational Safety and Health Act of 1970 (the Act), Con*1151gress aspired to…
2Cases cited12 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Horne Plumbing and Heating Company v. Occupational Safety and Health Review Commission and John T. Dunlop, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
- Intercounty Construction Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1975
- F. X. Messina Construction Corp. v. Occupational Safety and Health Review Commission, and the Secretary of LaborCourt of Appeals for the First Circuit · 1974
- Western Waterproofing Co. v. MarshallCourt of Appeals for the Eighth Circuit · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- King County v. CENTRAL PUGET SOUND GROWTHWashington Supreme Court · 1999
- King County v. Central Puget Sound Growth Management Hearings BoardWashington Supreme Court · 1999
- Willingham Sports, Inc. v. Bureau of Alcohol, Tobacco, Firearms & ExplosivesCourt of Appeals for the Eleventh Circuit · 2005
- King County v. Central Puget Sound Growth Management Hearings BoardCourt of Appeals of Washington · 1998
- 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
50 more not listed; retrieve them via the Exa API.