Legal Opinion
W.G. Yates & Sons Construction Co. v. Safety
Court of Appeals for the Fifth Circuit
Decided August 4, 2006No. 05-60216PublishedCited by 29 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
W.G. Yates & Sons Construction Company seeks review of an order upholding a citation under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651, et seq., when a supervising employee, Martin Olvera, worked along a dangerous ledge without fall protection, in violation of 29 C.F.R. § 1926.501(b)(1). The Administrative Law Judge upheld the citation and assessed a penalty of $5,000. Finding that the decision rests on an error of law, we grant the petition for review, reverse the Commission’s order upholding the citation, and remand to the Commission for…
2Cases cited10 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
- Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Raymond Hendrix, D/B/A Alsea Lumber CompanyCourt of Appeals for the Ninth Circuit · 1975
- New York State Electric & Gas Corporation v. Secretary of Labor and Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1996
- 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
- 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
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Franchise Servs. of N. Am., Inc. v. U.S. Tr. (In Re Franchise Servs. of N. Am., Inc.)Court of Appeals for the Fifth Circuit · 2018
- Comtran Group, Inc. v. U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 2013
- R. Acosta, Secretary, LABR v. Hensel Phelps ConstrCourt of Appeals for the Fifth Circuit · 2018
- Sanderson Farms, Incorporated v. OSHCCourt of Appeals for the Fifth Circuit · 2016
- John H. Quinlan v. Secretary, U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 2016
24 more not listed; retrieve them via the Exa API.