Legal Opinion
Bastian v. Carlton County Highway Department
Court of Appeals of Minnesota
Decided November 5, 1996No. CX-96-733PublishedCited by 4 opinions
1Opinion of the Court
OPINION
LANSING, Judge.
In a divided opinion, the Occupational Safety and Health Review Board held that a county, the principal on a highway construction project, was improperly cited for OSHA violations because it did not have an employer-employee relationship with the injured worker. We agree with the review board’s reversal of the cited violations, but on an alternate ground: that as a matter of law the county did not exercise a level of supervisory authority over the worksite that would create a reasonable expectation .that it would prevent or abate the hazard that resulted in the…
2Cases cited8 opinions
- Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
- Cable Communications Board v. Nor-West Cable Communications PartnershipSupreme Court of Minnesota · 1984
- Contested Cases of St. Otto's Home v. Minnesota Department of Human ServicesSupreme Court of Minnesota · 1989
- Arvig Telephone Co. v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1978
- Ray Marshall, Secretary of Labor v. Knutson Construction Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Eighth Circuit · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Banovetz v. KingDistrict Court, D. Minnesota · 1999
- Kovacevich v. Regional Produce Cooperative Corp.Superior Court of Pennsylvania · 2017
- State v. ArkellCourt of Appeals of Minnesota · 2003
- Bastian v. Carlton County Highway DepartmentCourt of Appeals of Minnesota · 1996