Legal Opinion

StarTran, Inc. v. Occupational Safety & Health Review Commission

Court of Appeals for the Fifth Circuit

Decided June 8, 2010No. 09-60263PublishedCited by 7 opinions

1Opinion of the Court

GARWOOD, Circuit Judge.

StarTran, Inc., challenging its Five Hundred Dollar fine for its 2002 violation of regulations under the Occupational Safety and Health Act of 1970 (OSHA or the Act), 29 U.S.C. §§ 651-678, appeals the determination by the Occupational Safety and Health Commission (the Commission) that StarTran is not exempt from the Act under the provision of 29 U.S.C. § 652(5) stating that for purposes of the Act “ ‘employer’ ... does not include ... any ... political subdivision of a State.” On Star-Tran’s previous appeal from the Commission’s September 27, 2006 decision rejecting…

2Cases cited9 opinions

  1. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
  2. National Labor Relations Board v. Natural Gas Utility DistrictSupreme Court of the United States · 1971
  3. William E. Brock, United States Secretary of Labor v. Chicago Zoological Society and Occupational Safety and Health Review CommissionCourt of Appeals for the Seventh Circuit · 1987
  4. Acadian Gas Pipeline System v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1989
  5. Truman Medical Center, Incorporated v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1981

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3Cited by7 opinions

  1. Mark Reed-Bey v. George PramstallerCourt of Appeals for the Sixth Circuit · 2015
  2. Voices for Int'l Bus. & Educ., Inc. v. Nat'l Labor Relations Bd.Court of Appeals for the Fifth Circuit · 2018
  3. Le v. Unum Ins. Co. of Am.District Court, W.D. Louisiana · 2018
  4. Pueblo v. Yip BerríosSupreme Court of Puerto Rico · 1997
  5. SHORE v. THE CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY D/B/A CAROLINAS HEALTHCARE SYSTEMDistrict Court, M.D. North Carolina · 2019

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