Legal Opinion

Valdak Corporation v. Occupational Safety and Health Review Commission the Secretary of the United States Department of Labor

Court of Appeals for the Eighth Circuit

Decided January 22, 1996No. 95-2194PublishedCited by 25 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

Valdak Corporation appeals from an Occupational Safety and Health Review Commission decision finding Valdak in willful violation of the Occupational Safety and Health Act, 29 U.S.C. §§ 651-678 (1994). After a fifteen-year-old employee’s arm was amputated when he stuck his arm in a spinning industrial dryer, the Secretary of Labor cited Valdak for a willful violation of an OSHA machine guarding standard, and assessed a $28,000 penalty. Valdak appeals, arguing that: (1) there is no substantial evidence to support a finding that Valdak committed a willful violation…

2Cases cited8 opinions

  1. Butz v. Glover Livestock Commission Co.Supreme Court of the United States · 1973
  2. Robert B. Reich, United States Secretary of Labor v. Trinity Industries, Inc., Respondent-Cross Occupational Safety and Health Review CommissionCourt of Appeals for the Eleventh Circuit · 1994
  3. William E. Brock, Secretary of Labor v. The L.E. Myers Company, High Voltage Division, and Occupational Safety and Health Review CommissionCourt of Appeals for the Sixth Circuit · 1987
  4. Western Waterproofing Co. v. MarshallCourt of Appeals for the Eighth Circuit · 1978
  5. NATIONAL STEEL AND SHIPBUILDING COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, RespondentCourt of Appeals for the Ninth Circuit · 1979

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3Cited by25 opinions

  1. United States v. Ladish Malting Co.Court of Appeals for the Seventh Circuit · 1998
  2. A.E. Staley Manufacturing Co. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2002
  3. Caterpillar Inc. v. Occupational Safety and Health Review Commission, United Auto Workers, Local 974, Intervening-RespondentCourt of Appeals for the Seventh Circuit · 1997
  4. Dcs Sanitation Management, Inc. v. Occupational Safety And Health Review CommissionCourt of Appeals for the Eighth Circuit · 1996
  5. Donald W. Wilson v. Commodity Futures Trading CommissionCourt of Appeals for the Eighth Circuit · 2003

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