Brennan v. Occupational Safety and Health Review Com'n, Nos. 357

CourtU.S. Court of Appeals — Second Circuit
Writing for the CourtBefore MEDINA, OAKES and GURFEIN; OAKES
Citation513 F.2d 1032
Parties2 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 Date10 March 1975
Docket NumberD,417,Nos. 357
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65 practice notes
  • Atlantic & Gulf Stevedores, Inc. v. Occupational Safety and Health Review Com'n, No. 75-1584
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • March 26, 1976
    ...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
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • November 3, 1978
    ...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
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 12, 1983
    ...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
    • United States
    • United States State Supreme Court (New York)
    • September 25, 2015
    ...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......
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63 cases
  • Atlantic & Gulf Stevedores, Inc. v. Occupational Safety and Health Review Com'n, No. 75-1584
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • March 26, 1976
    ...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
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • November 3, 1978
    ...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
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 12, 1983
    ...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
    • United States
    • United States State Supreme Court (New York)
    • September 25, 2015
    ...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......
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1 books & journal articles
  • EMPLOYMENT LAW VIOLATIONS
    • United States
    • American Criminal Law Review Nbr. 58-3, July 2021
    • July 1, 2021
    ...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......

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