Legal Opinion
New York State Electric & Gas Corporation v. Secretary of Labor and Occupational Safety and Health Review Commission
Court of Appeals for the Second Circuit
Decided July 3, 1996No. 604, Docket 95-4073PublishedCited by 58 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge.
Before us is an appeal from a decision and order of the Occupational Safety and Health Review Commission (Commission), dated March 24, 1995. The decision affirmed two citations and a $1,500 penalty issued against petitioner New York State Electric and Gas Corporation (NYSEG, employer or petitioner) arising from a violation of the Occupational Safety and Health Act (OSH Act or Act), 29 U.S.C. §§ 651-678 (1994), from the failure of one of its employees to use safety equipment while operating a jackhammer.
In assuming that the employer, rather than the Secretary, had the…
2Cases cited26 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
- Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of TradeSupreme Court of the United States · 1973
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3Cited by58 opinions
- Yvette Cruz v. Coach Stores, Inc., David Otani, William Betts, Diane Lewis, Sara Lee Corporation, and Herve HeriveauxCourt of Appeals for the Second Circuit · 2000
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- Sandak v. Dobrayel (In Re Dobrayel)United States Bankruptcy Court, S.D. New York · 2002
- P. Gioioso & Sons, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the First Circuit · 1997
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