Legal Opinion

Peter J. Brennan, Secretary of U. S. Department of Labor v. Occupational Safety and Health Review Commission and Ron M. Fiegen, Inc.

Court of Appeals for the Eighth Circuit

Decided April 18, 1975No. 74-1643PublishedCited by 37 opinions

1Opinion of the Court

BRIGHT, Circuit Judge.

The petitioner, the Secretary of Labor, contends in this case that the Occupational Safety and Health Review Commission (Commission) misconstrued the Secretary’s regulation requiring the use of nets or other safety devices to protect employees working at heights more than 25 feet above ground. 1 We deem the regulation ambiguous and uphold the Commission’s interpretation of it as reasonable.

The record establishes that the respondent, Ron M. Fiegen, Inc. (Fiegen), served as a subcontractor for the steel components of a physical education building under construction on the…

2Cases cited9 opinions

  1. Richard D. Meehan v. John W. MacY Jr., Chairman, Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1968
  2. Peter J. Brennan, Secretary of Labor v. Gilles & Cotting, Inc., and Occupational Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1974
  3. Richard D. Meehan v. John W. MacY Jr., Chairman, Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1969
  4. Richard D. Meehan v. John W. MacY Jr., Chairman, Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1968
  5. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Santa Fe Trail Transport CompanyCourt of Appeals for the Tenth Circuit · 1974

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3Cited by37 opinions

  1. Diebold, Inc. v. MarshallCourt of Appeals for the Sixth Circuit · 1978
  2. Brock v. L.R. Willson & Sons, Inc.Court of Appeals for the D.C. Circuit · 1985
  3. S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of Labor, Standard Roofing & Sheet Metal, Inc. v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Secretary of Labor, S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1981
  4. H. B. Zachry Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Fifth Circuit · 1981
  5. L. R. Willson & Sons, Inc. v. Raymond L. Donovan, Secretary of Labor, United States Department of LaborCourt of Appeals for the D.C. Circuit · 1982

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