Legal Opinion

Elizabeth H. Dole, Secretary of Labor v. Occupational Safety and Health Review Commission, Cf & I Steel Corporation, Intervenor-Respondent

Court of Appeals for the Tenth Circuit

Decided December 22, 1989No. 86-2641PublishedCited by 8 opinions

1Opinion of the Court

BALDOCK, Circuit Judge.

The Secretary of Labor (Secretary) appeals from a decision of the Occupational Safety and Health Review Commission (Commission) vacating a citation charging CF & I Steel Corporation (CF & I) with willfully violating 29 C.F.R. § 1910.1029(g)(3). That regulation governs employee exposure to coke oven emissions. The Secretary argues that CF & I violated the Occupational Safety and Health Act (OSHA) by failing to utilize atmospheric testing, as envisioned by OSHA regulations, to insure that respirators worn by its employees fit properly. The Secretary further contends that…

2Cases cited15 opinions

  1. Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
  2. Whirlpool Corp. v. MarshallSupreme Court of the United States · 1980
  3. William E. Brock, Secretary of Labor v. Cathedral Bluffs Shale Oil Co.Court of Appeals for the D.C. Circuit · 1986
  4. Peter J. Brennan, Secretary of Labor v. Gilles & Cotting, Inc., and Occupational Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1974
  5. Cuyahoga Valley Railway Co. v. United Transportation UnionSupreme Court of the United States · 1985

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3Cited by8 opinions

  1. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
  2. Lynn Martin, Secretary of Labor v. Occupational Safety and Health Review Commission, Cf & I Steel Corporation, Intervenor-RespondentCourt of Appeals for the Tenth Circuit · 1991
  3. Department of Labor v. Occupational Safety & Health Review Commission, Goltra Castings, Inc., Real Party in InterestCourt of Appeals for the Tenth Circuit · 1991
  4. Lukman v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Tenth Circuit · 1990
  5. Arctic Catering, Inc. v. ThornburghDistrict Court, D. Colorado · 1991

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