Legal Opinion

Daniel International Corporation v. Occupational Safety and Health Review Commission and the Secretary of Labor

Court of Appeals for the Eleventh Circuit

Decided August 19, 1982No. 81-7602PublishedCited by 14 opinions

1Opinion of the Court

JAMES C. HILL, Circuit Judge:

Daniel International Corp. petitions this court to review an order of the Occupational Safety and Health Review Commission citing the company for a violation of 29 C.F.R. § 1926.28(a). 1 The Commission maintains that Daniel’s failure to take all steps necessary to insure that its employees wear personal protective equipment, resulted in a fatal accident at the company’s Macon, Georgia construction site. Because we find that Daniel took all steps feasible to assure compliance with safety regulations, we conclude that the Commission’s citation is not supported by…

2Cases cited5 opinions

  1. 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
  2. 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
  3. Accu-Namics, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, and Johnt. DunlopCourt of Appeals for the Fifth Circuit · 1975
  4. H. B. Zachry Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Fifth Circuit · 1981
  5. Capital Electric Line Builders of Kansas, Inc. v. Ray Marshall, Secretary of LaborCourt of Appeals for the Tenth Circuit · 1982

3Cited by14 opinions

  1. New York State Electric & Gas Corporation v. Secretary of Labor and Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1996
  2. William E. Brock, Secretary of Labor v. The L.E. Myers Company, High Voltage Division, and Occupational Safety and Health Review CommissionCourt of Appeals for the Sixth Circuit · 1987
  3. D.A. Collins Construction Co., Inc. v. Secretary of LaborCourt of Appeals for the Second Circuit · 1997
  4. Maryland Commissioner of Labor & Industry v. Cole Roofing Co.Court of Appeals of Maryland · 2002
  5. D & S Grading Company, Inc. v. Secretary of LaborCourt of Appeals for the Eleventh Circuit · 1990

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