Legal Opinion

Puffer's Hardware, Inc., D/B/A Beacon Hardware v. Raymond J. Donovan, Secretary of Labor

Court of Appeals for the First Circuit

Decided August 20, 1984No. 83-1863PublishedCited by 23 opinions

1Opinion of the Court

STEWART, Justice (Retired).

The general duty clause of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1), provides that “[e]ach employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” In this case, the Occupational Health and Safety Review Commission (Commission) held that Puffer’s Hardware, Inc., d/b/a Beacon Hardware (Beacon) had committed a “serious violation” of that provision because of the hazardous condition of its…

2Cases cited5 opinions

  1. Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
  2. Michigan Canners & Freezers Assn., Inc. v. Agricultural Marketing and Bargaining Bd.Supreme Court of the United States · 1984
  3. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission, and Vy Lactos Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1974
  4. Thatcher v. Tennessee Gas Transmission Co.Court of Appeals for the Fifth Circuit · 1950
  5. Virginia Bridges, J.R. Manning, Kerry Dane Manning, and Sally Bridges Pierce v. Phillips Petroleum CompanyCourt of Appeals for the Fifth Circuit · 1984

3Cited by23 opinions

  1. Pedraza v. Shell Oil Co.Court of Appeals for the First Circuit · 1991
  2. United States v. Sturm, Ruger & Company, Inc.Court of Appeals for the First Circuit · 1996
  3. Kilpatrick v. Delaware County SocietyDistrict Court, E.D. Pennsylvania · 1986
  4. Peter P. Merrill v. Town of Addison, and State of New York, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1985
  5. Raymond J. Donovan, Secretary of Labor v. General Motors Corporation, Gm Parts DivisionCourt of Appeals for the First Circuit · 1985

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