Legal Opinion

Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and John J. Gordon Company

Court of Appeals for the Second Circuit

Decided February 25, 1974No. 360, Docket 73-1729PublishedCited by 21 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

The Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678, is one of many important but as yet rather unfamiliar pieces of federal regulatory legislation enacted in recent years. It requires, § 654, “[e]ach employer” to “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees” and authorizes, § 655, the Secretary of Labor to promulgate standards to implement this. The term “employer” is defined, § 652(5), to mean "a…

2Cases cited7 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Interstate Commerce Commission v. City of Jersey CitySupreme Court of the United States · 1944
  3. Cappadora v. CelebrezzeCourt of Appeals for the Second Circuit · 1966
  4. United States v. Vincent J. Ricciardi, United States of America v. Stanley M. UngerCourt of Appeals for the Second Circuit · 1966
  5. National Labor Relations Board v. Vulcan Forging Co.Court of Appeals for the Sixth Circuit · 1951

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3Cited by21 opinions

  1. Frank Irey, Jr., Inc., a Corporation v. Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1975
  2. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Hanovia Lamp Division, Canred Precision IndustriesCourt of Appeals for the Third Circuit · 1974
  3. United States v. Dye Construction Company, a CorporationCourt of Appeals for the Tenth Circuit · 1975
  4. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Underhill Construction Corporation, Underhill Construction Corp. And Dic Concrete Corp., Individually and as Participants in a Joint Venture Known as Dic-Underhill, a Joint Venture v. Peter J. Brennan and Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1975
  5. In the Matter of Establishment of Restland Memorial ParkCourt of Appeals for the Third Circuit · 1976

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