Legal Opinion
Diamond Roofing Co. v. Safety & Health Review Commission
Court of Appeals for the Fifth Circuit
Decided March 15, 1976No. Nos. 73-3704, 73-3705, 74-1343PublishedCited by 3 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
These petitions for review of orders of the Occupational Safety and Health Review Commission (OSHRECOM)1 are being considered together because they all require us to address the same question: Does 29 CFR § 1926.500(d)(1)2 of OSHA’s regulations for construction, which requires that a standard railing be placed around an open-sided floor, also apply to an open-sided roof? We answer the question in the negative and reverse.3
The Roofers
Petitioners Diamond Roofing Company, Inc. (Diamond) and S. D. Mullins Company, Inc. (Mullins) install roofs for industrial and…
2Cases cited19 opinions
- Richard D. Meehan v. John W. MacY Jr., Chairman, Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1968
- Federal Trade Commission v. Sun Oil Co.Supreme Court of the United States · 1963
- Peter J. Brennan, Secretary of Labor v. Gilles & Cotting, Inc., and Occupational Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1974
- Cole v. YoungSupreme Court of the United States · 1956
- Telefilm, Inc. v. Superior CourtSupreme Court of the United States · 1949
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3Cited by3 opinions
- Diamond Roofing Co., Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, S. D. Mullins Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, Lance Roofing Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
- Wisconsin Electric Power Company v. Occupational Safety and Health Review Commission and the Secretary of LaborCourt of Appeals for the Seventh Circuit · 1978
- Wisconsin Electric Power Company v. Occupational Safety and Health Review Commission and the Secretary of LaborCourt of Appeals for the Seventh Circuit · 1978