Brennan v. Occupational Safety and Health Review Com'n, Nos. 357
| Court | U.S. Court of Appeals — Second Circuit |
| Writing for the Court | Before MEDINA, OAKES and GURFEIN; OAKES |
| Citation | 513 F.2d 1032 |
| Parties | 2 O.S.H. Cas.(BNA) 1641 Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Underhill Construction Corporation, Respondents. UNDERHILL CONSTRUCTION CORP. and Dic Concrete Corp., individually and as participants in a joint venture known as Dic-Underhill, a joint venture, Petitioners, v. Peter J. BRENNAN and Occupational Safety and Health Review Commission, Respondents. ockets 74-1579, 74-1568. |
| Decision Date | 10 March 1975 |
| Docket Number | D,417,Nos. 357 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
65 practice notes
-
Atlantic & Gulf Stevedores, Inc. v. Occupational Safety and Health Review Com'n, No. 75-1584
...that alternative methods for protecting employees would be equally effective. See Brennan v. OSHRC (Underhill Construction Corp.), 513 F.2d 1032, 1036 (2d Cir. 1975). Moreover, under § 10(c), 29 U.S.C. § 659(c), the Secretary has authority to extend the time within which a violation of a st......
-
Diebold, Inc. v. Marshall, No. 76-1278
...A. E. Burgess Leather Co. v. OSHRC, 576 F.2d 948, 952 (1st Cir. 1978); Ace Sheeting, supra; Brennan v. OSHRC (Underhill Constr. Corp.), 513 F.2d 1032, 1035 (2d Cir. 1975). See also I.T.O. Corp. of New England v. OSHRC, 540 F.2d 543, 546 (1st Cir. 1976) (burden relative to economic nonfeasib......
-
Pratt & Whitney Aircraft, Div. of United Technologies Corp. v. Donovan, No. 1055
...The standard is directed toward the control of possible or potential hazards. Cf. Brennan v. OSHRC and Underhill Constr. Corp., 513 F.2d 1032, 1039 (2d J.App. at 18. Despite "the relatively low likelihood of an incident," the Commission concluded that the Secretary had demonstrate......
-
Flores v. Infrastructure Repair Serv., LLC
...v. Maislin Transp., 115 A.D.2d 679, 684, 497 N.Y.S.2d 131 (2d Dep't 1985) ; Brennan v. Occupational Safety and Health Review Com'n, 513 F.2d 1032, 1038 (2d Cir.1975). See Universal Const. Co., Inc. v. Occupational Safety and Health Review Com'n, 182 F.3d 726, 728 (10th Cir.1999) ; United St......
Request a trial to view additional results
63 cases
-
Atlantic & Gulf Stevedores, Inc. v. Occupational Safety and Health Review Com'n, No. 75-1584
...that alternative methods for protecting employees would be equally effective. See Brennan v. OSHRC (Underhill Construction Corp.), 513 F.2d 1032, 1036 (2d Cir. 1975). Moreover, under § 10(c), 29 U.S.C. § 659(c), the Secretary has authority to extend the time within which a violation of a st......
-
Diebold, Inc. v. Marshall, No. 76-1278
...A. E. Burgess Leather Co. v. OSHRC, 576 F.2d 948, 952 (1st Cir. 1978); Ace Sheeting, supra; Brennan v. OSHRC (Underhill Constr. Corp.), 513 F.2d 1032, 1035 (2d Cir. 1975). See also I.T.O. Corp. of New England v. OSHRC, 540 F.2d 543, 546 (1st Cir. 1976) (burden relative to economic nonfeasib......
-
Pratt & Whitney Aircraft, Div. of United Technologies Corp. v. Donovan, No. 1055
...The standard is directed toward the control of possible or potential hazards. Cf. Brennan v. OSHRC and Underhill Constr. Corp., 513 F.2d 1032, 1039 (2d J.App. at 18. Despite "the relatively low likelihood of an incident," the Commission concluded that the Secretary had demonstrated a seriou......
-
Flores v. Infrastructure Repair Serv., LLC
...v. Maislin Transp., 115 A.D.2d 679, 684, 497 N.Y.S.2d 131 (2d Dep't 1985) ; Brennan v. Occupational Safety and Health Review Com'n, 513 F.2d 1032, 1038 (2d Cir.1975). See Universal Const. Co., Inc. v. Occupational Safety and Health Review Com'n, 182 F.3d 726, 728 (10th Cir.1999) ; United St......
Request a trial to view additional results
1 books & journal articles
-
EMPLOYMENT LAW VIOLATIONS
...the Second Circuit’s interpretation of OSHA’s imposition of a duty on employers to beyond just their own employees); Brennan v. OSHRC, 513 F.2d 1032, 1038 (2d Cir. 1975) (“In a situation where . . . an employer is in control of an area, and responsible for its maintenance . . . the Secretar......