Legal Opinion

Donovan v. Texaco, Inc.

District Court, E.D. Texas

Decided March 31, 1982No. Civ. A. B-81-233-CAPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

JOE J. FISHER, District Judge.

This is a suit under section 11(c) of the Occupational Safety and Health Act (OSHA or the Act), 29 U.S.C. § 660(c), alleging that defendant Texaco suspended and fired employee Donald K. Jensenius, an officer on the deep sea tanker SS TEXACO CONNECTICUT because he reported alleged violations of OSHA to the Coast Guard. Texaco has moved for summary judgment on the ground that OSHA, and section 11(c) in particular, does not apply because the Coast Guard’s regulation of safety aboard vessels preempts OSHA’s application according to section 4(b)(1)…

2Cases cited5 opinions

  1. Bunn v. Caterpillar Tractor Co.Supreme Court of the United States · 1977
  2. James T. CLARY, Plaintiff-Appellant, v. OCEAN DRILLING AND EXPLORATION CO., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1980
  3. Ray MARSHALL, Secretary of Labor, Petitioner, v. N. L. INDUSTRIES, INC., AppelleeCourt of Appeals for the Seventh Circuit · 1980
  4. Southern Railway Company v. Occupational Safety And Health Review CommissionCourt of Appeals for the Fourth Circuit · 1976
  5. Columbia Gas of Pennsylvania, Inc. v. MarshallCourt of Appeals for the Third Circuit · 1980

3Cited by1 opinion

  1. Raymond J. Donovan, Secretary of Labor United States Department of Labor v. Texaco Inc.Court of Appeals for the Fifth Circuit · 1983

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