Legal Opinion

Keystone Roofing Co. v. Occupational Safety & Health Review Commission

Court of Appeals for the Third Circuit

Decided July 23, 1976No. 75-2010PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision is whether 29 U.S.C. § 660(a) of the Occupational Safety and Health Act of 1970 (OSHA) permits a reviewing court to consider an employer’s1 objection to an OSHA citation which was argued to the OSHA hearing examiner, but which was neither the subject of a petition to the Occupational Safety and Health Review Commission (OSHRC) for discretionary review, 29 C.F.R. § 2200.91,2 nor the *962subject of review by the full Commission at the direction of a single member, 29 U.S.C. § 661(i).3 We answer the question in the negative and,…

2Cases cited3 opinions

  1. Weinberger v. SalfiSupreme Court of the United States · 1975
  2. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  3. Atlantic & Gulf Stevedores, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1976

3Cited by2 opinions

  1. In the Matter of Establish Inspection of the Metal Bank of America, Inc. Appeal of the Metal Bank of AmericaCourt of Appeals for the Third Circuit · 1983
  2. Keystone Roofing Company, Inc. v. Occupational Safety and Health Review Commission, and John T. Dunlop, Secretary of Labor, Harold E. Sweeney Corporation v. Occupational Safety and Health Review Commission, and John T. Dunlop, Secretary of Labor, Keystone Roofing Company, Inc., and Harold E. Sweeney CorporationCourt of Appeals for the Third Circuit · 1976

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