Legal Opinion
Division of Occupational Safety & Health of the Industrial Commission v. Ball, Ball & Brosamer, Inc.
Court of Appeals of Arizona
Decided August 25, 1992No. 1 CA-IC 91-0154PublishedCited by 3 opinions
1Opinion of the Court
OPINION
GERBER, Judge.
This case results from the collapse of a wall which caused death and injuries to employees of respondent, Ball, Ball & Brosamer, Inc. Petitioner, the Division of Occupational Safety and Health of the Industrial Commission of Arizona, seeks special action review from the decision of the Occupational Safety and Health Review Board (“the board”) which determined that respondent did not “willfully” violate 29 CFR § 1926.703(d)(l)(1988). 1 Petitioner also challenges the board’s reduction of the civil penalty from $7,000 to $5,000.
STANDARD OF REVIEW
Under Ariz.Rev.Stat.Ann.…
2Cases cited18 opinions
- United States v. Illinois Central RailroadSupreme Court of the United States · 1938
- 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
- Horne Plumbing and Heating Company v. Occupational Safety and Health Review Commission and John T. Dunlop, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
- Intercounty Construction Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1975
- United States v. Dye Construction Company, a CorporationCourt of Appeals for the Tenth Circuit · 1975
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3Cited by3 opinions
- Rick's Electric, Inc. v. California Occupational Safety & Health Appeals BoardCalifornia Court of Appeal · 2000
- Arizona Public Service Co. v. Industrial CommissionCourt of Appeals of Arizona · 1994
- Division of Occupational Safety & Health of the Industrial Commission v. Chuck Westenburg Concrete Contractors, Inc.Court of Appeals of Arizona · 1998