Legal Opinion

Ocean Electric Corp. v. Secretary of Labor

Court of Appeals for the Fourth Circuit

Decided March 16, 1979No. 76-1060PublishedCited by 21 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

This case comes to us on a grant of petition for rehearing. The Occupational Safety and Health Review Commission found that Ocean Electric Corporation had committed a serious violation of OSHA* Regulation 29 C.F.R. § 1926.957(a)(3) by failing to provide a barricade or barrier between its employees and energized electrical bus bars. We previously filed an opinion affirming the Commission, but a petition for rehearing was granted, and the case was reargued before a reconstituted panel.1 We now withdraw the first opinion and reverse the Commission.

Ocean Electric is a…

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. 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
  3. 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
  4. 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
  5. Floyd S. Pike Electrical Contractor, Inc. v. Occupational Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1977

3Cited by21 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. Comtran Group, Inc. v. U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 2013
  3. Capital Electric Line Builders of Kansas, Inc. v. Ray Marshall, Secretary of LaborCourt of Appeals for the Tenth Circuit · 1982
  4. Forging Industry Ass'n v. Secretary of LaborCourt of Appeals for the Fourth Circuit · 1985
  5. Pennsylvania Power & Light Company v. Occupational Safety And Health Review CommissionCourt of Appeals for the Third Circuit · 1984

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