Legal Opinion
Robert B. Reich, Secretary of Labor v. Arcadian Corporation and Occupational Safety and Health Review Commission
Court of Appeals for the Fifth Circuit
Decided April 28, 1997No. 96-60126PublishedCited by 22 opinions
1Opinion of the Court
STEWART, Circuit Judge:
Today we interpret the meaning of the General Duty Clause of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. §§ 651-678). This case presents the question of whether the Secretary of Labor (Secretary) was correct when he decided to fine Arcadian Corporation (Arcadian) on a per-employee basis for violating the Clause. The Occupational Safety and Health Review Commission (Commission) reversed the Secretary’s decision, holding that the unit of prosecution under the Clause is the condition that poses a hazard to employees, and not the affected…
2Cases cited26 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
- Babbitt v. Sweet Home Chapter, Communities for Great Ore.Supreme Court of the United States · 1995
- Deal v. United StatesSupreme Court of the United States · 1993
21 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Chair King, Inc., Plaintiffs-Appellants-Cross-Appellees v. Houston Cellular Corporation, Defendants-Appellees-Cross-Appellants, Karen Laake, Etc.Court of Appeals for the Fifth Circuit · 1997
- Chickasaw Nation v. United StatesCourt of Appeals for the Tenth Circuit · 2000
- Ramsey Winch Inc. v. HenryCourt of Appeals for the Tenth Circuit · 2009
- United States v. Neary (In Re Armstrong)Court of Appeals for the Fifth Circuit · 2000
- United States v. LoweCourt of Appeals for the Fifth Circuit · 1997
17 more not listed; retrieve them via the Exa API.