Legal Opinion

Bush & Burchett, Inc. v. Robert B. Reich, Secretary of Labor the Occupational Safety & Health Review Commission

Court of Appeals for the Sixth Circuit

Decided January 22, 1997No. 95-4331PublishedCited by 21 opinions

1Opinion of the Court

OPINION

BOGGS, Circuit Judge.

This case arises from the issuance of three citations by the Secretary of Labor against Bush & Burchett, Inc. (“BBI”) for violations of the Occupational Safety and Health Act of 1970. The violations were issued during two separate inspections at a bridge construction site. BBI contested each citation and the two cases were consolidated. BBI argues on appeal that the Occupational Safety and Health Review Commission (“OSHRC”) erred in upholding the citations because the' Mine Safety and Health Act (“MSHA”), 30 U.S.C. § 801 et seq., had preempted the Occupational…

2Cases cited8 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Raymond J. Donovan, Secretary of Labor v. Carolina Stalite Company, (Two Cases.)Court of Appeals for the D.C. Circuit · 1984
  3. Pennsylvania Electric Company v. Federal Mine Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1992
  4. Otis Elevator Company v. Secretary of Labor and Federal Mine Safety and Health Review CommissionCourt of Appeals for the D.C. Circuit · 1990
  5. United Energy Services, Incorporated v. Federal Mine Safety & Health Administration Federal Mine Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1994

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3Cited by21 opinions

  1. Jackson v. United States Department of LaborCourt of Appeals for the Fifth Circuit · 2000
  2. Pruidze v. HolderCourt of Appeals for the Sixth Circuit · 2011
  3. Secretary of Labor, Mine Safety & Health Administration v. National Cement Co. of California, Inc.Court of Appeals for the D.C. Circuit · 2007
  4. In Re: Kaiser Aluminum and Chemical Company, July 5, 1999 Explosion at Kaiser Aluminum & Chemical Company, Gramercy Works Facility Subpoena Duces Tecum,movantsCourt of Appeals for the Fifth Circuit · 1999
  5. Alexis M. Herman, Secretary of Labor Department of Labor v. Associated Electric Cooperative, Inc.Court of Appeals for the Eighth Circuit · 1999

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