Legal Opinion

P. Gioioso & Sons, Inc. v. Occupational Safety & Health Review Commission

Court of Appeals for the First Circuit

Decided March 28, 2012No. 10-2418PublishedCited by 4 opinions

1Opinion of the Court

TORRUELLA, Circuit Judge.

The Occupational Safety and Health Administration (“OSHA”) fined Petitioner P. Gioioso & Sons, Inc. (“Gioioso”) $33,700 for violations of safety regulations relating to the excavation of a trench. Gioioso contested the fine at a hearing before an administrative law judge (“ALJ”), who confirmed the fine. Gioioso requested review by the Respondent, the Occupational Safety and Health Review Commission (“OSHRC”), which upheld the ALJ’s decision. Gioioso now petitions this Court for review of OSHRC’s order. Finding no error, we deny the petition for review.

I. Facts and…

2Cases cited7 opinions

  1. Simplex Time Recorder Company v. Secretary of Labor, William E. Brock, Secretary of Labor v. Simplex Time Recorder CompanyCourt of Appeals for the D.C. Circuit · 1985
  2. P. Gioioso & Sons, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the First Circuit · 1997
  3. Modern Continental/obayashi, a Joint Venture v. Occupational Safety and Health Review Commission and Secretary of LaborCourt of Appeals for the First Circuit · 1999
  4. Raymond J. Donovan, Secretary of Labor v. Daniel Construction Co., Inc., and Occupational Safety and Health Review CommissionCourt of Appeals for the First Circuit · 1982
  5. Beaver Plant Operations, Inc. v. Alexis M. Herman, Secretary of Labor Occupational Safety and Health Review CommissionCourt of Appeals for the First Circuit · 2000

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3Cited by4 opinions

  1. F & H Coatings, LLC v. AcostaCourt of Appeals for the Tenth Circuit · 2018
  2. A.C. Castle Construction Co. v. AcostaCourt of Appeals for the First Circuit · 2018
  3. Atlantic Environmental Construction Company v. Courtney M. Malveaux, Commissioner, etc.Court of Appeals of Virginia · 2014
  4. Thomas G. Gallagher, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the First Circuit · 2017

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