Legal Opinion

Baltimore & Ohio Railroad v. Occupational Safety & Health Review Commission

Court of Appeals for the D.C. Circuit

Decided December 30, 1976No. Nos. 75-2163, 75-2244PublishedCited by 1 opinion

1Per curiam

These two cases, which were placed together on the argument calendar, involve the same issue. That issue is whether Section 4(b)(1) of the Occupational Safety and Health Act of 1970, 84 Stat. 1590, 29 U.S.C. § 651, et seq., (OSHA) exempts the railroad industry from regulation thereunder. Section 4(b)(1) provides:

“Nothing in this [Act] shall apply to working conditions of employees with respect to which other Federal agencies . exercise statutory authority to .prescribe or enforce standards or regulations affecting occupational safety or health.”

Petitioners assert two theories of exemption…

2Cases cited1 opinion

  1. Southern Railway Company v. Occupational Safety And Health Review CommissionCourt of Appeals for the Fourth Circuit · 1976

3Cited by1 opinion

  1. Baltimore and Ohio Railroad Company v. Occupational Safety and Health Review Commission, American Federation of Labor-Congress of Industrial Organizations, Intervenors. Seaboard Coast Line Railroad Company and Winston-Salem Southbound Railway Company v. Occupational Safety and Health Review Commission and William J. Usery, Jr., Secretary of Labor, American Federation of Labor-Congress of Industrial Organizations and United Transportation Union, IntervenorsCourt of Appeals for the D.C. Circuit · 1976

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