F. Ray Marshall, Secretary of Labor, United States Department of Labor v. Daniel Construction Company, Inc.

The Court today finds that the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq., requires a worker to choose between his job and risk of death. An interpretative regulation of the Secretary of Labor, 29 C.F.R. 1977.12(b), eliminates this hard choice. In my opinion, the regulation invalidated by the Court is reasonably related to the purposes of the Act. Because I cannot read the legislative history to forbid implicitly this regulation, I must respectfully dissent.

I

The district court dismissed the complaint for failure to state a claim upon which relief could be granted.…