Legal Opinion

R.P. Carbone Construction Company v. The Occupational Safety & Health Review Commission Alexis M. Herman, United States Secretary of Labor

Court of Appeals for the Sixth Circuit

Decided February 1, 1999No. 97-3427PublishedCited by 26 opinions

1Opinion of the Court

OPINION

GILMAN, Circuit Judge.

This is an appeal from an Administrative Law Judge’s ruling affirming the issuance of a $1,500 citation against R.P. Carbone Construction Co. (“RPC”), a general contractor. The citation was issued by the Secretary of Labor under the Occupational Safety and Health Act of 1970 (“the Act”), 29 U.S.C. § 651-678 (1994), charging that RPC failed to comply with worker-safety requirements. Because the ALJ’s ruling is supported by substantial evidence and is not arbitrary or capricious, we AFFIRM.

I. BACKGROUND

RPC was hired to construct the Luke Easter Recreation Center for…

2Cases cited5 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  3. James L. Calhoun v. Benjamin F. Bailar, Postmaster General of the United States, DefendantCourt of Appeals for the Ninth Circuit · 1980
  4. National Labor Relations Board v. Taylor MacHine Products, Inc.Court of Appeals for the Sixth Circuit · 1998
  5. William Earl Bobo Jack Mitchell v. United States Department of AgricultureCourt of Appeals for the Sixth Circuit · 1995

3Cited by26 opinions

  1. Solis v. Summit Contractors, Inc.Court of Appeals for the Eighth Circuit · 2009
  2. Universal Construction Co. v. Occupational Safety & Health Review CommissionCourt of Appeals for the Tenth Circuit · 1999
  3. Commissioner of Labor v. Weekley Homes, L.P.Court of Appeals of North Carolina · 2005
  4. National Labor Relations Board, Teamsters Local Union No. 20, Intervenor v. Seawin, Inc.Court of Appeals for the Sixth Circuit · 2001
  5. Kovacevich v. Regional Produce Cooperative Corp.Superior Court of Pennsylvania · 2017

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