F. Ray Marshall, Secretary of Labor v. B. W. Harrison Lumber Company, and Occupational Safety and Health Review Commission
Court of Appeals for the Fifth Circuit
PETITION TO REVIEW AN ORDER OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.
1Opinion of the Court
GODBOLD, Circuit Judge:
An employer cited for violations of the Occupational Safety and Health Act (OSHA), 29 U.S.C. §§ 651 et seq., failed to contest the citation. In a subsequent proceeding under a notification of a failure to correct the violation, the employer claimed that the citation inadequately described the particular violations. We agree that the citation’s description was inadequate and that the citation did not provide a basis for a subsequent failure-to-correct action.
Congress established an administrative procedure for enforcement of OSHA involving a division of enforcement and…
2Cases cited2 opinions
- National Realty and Construction Company, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, PartyCourt of Appeals for the D.C. Circuit · 1973
- Rea Express, Inc. v. Peter J. Brennan, Secretary of Labor and the Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1974
3Cited by21 opinions
- Diebold, Inc. v. MarshallCourt of Appeals for the Sixth Circuit · 1978
- Donovan v. Royal Logging Co.Court of Appeals for the Ninth Circuit · 1981
- League To Save Lake Tahoe, Inc. v. TroundayCourt of Appeals for the Ninth Circuit · 1979
- S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of Labor, Standard Roofing & Sheet Metal, Inc. v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Secretary of Labor, S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1981
- Raymond J. Donovan, Secretary of Labor v. Oil, Chemical, and Atomic Workers International Union and Its Local 4-23Court of Appeals for the Fifth Circuit · 1983
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