Southeast Contractors, Inc v. Dunlop
| Decision Date | 19 March 1975 |
| Docket Number | No. 74-2698,74-2698 |
| Citation | 512 F.2d 675 |
| Parties | 3 O.S.H. Cas.(BNA) 1023, 1974-1975 O.S.H.D. ( 19,661 SOUTHEAST CONTRACTORS, INC., PETITIONER, v. John T. DUNLOP, Secretary of Labor, Respondent. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Thomas R. Elliott, Jr., Birmingham, Ala., for petitioner.
William S. McLaughlin, Executive Secretary, Occupational Safety & Review Commission, Washington, D.C., Norman K. Winston, Association Regional Sol., U.S. Dept. of Labor, Brimingham, Ala., Baruch A. Fellner, Counsel for Regional Litigation, U.S. Dept. of Labor, Washington D.C., Paul A. Brady, Occupational Safety & Review Commission, Atlanta, Ga., Stephen F. Eilperin, Karen K. Siegel, Dept. of Justice, Washington D.C., for respondent.
Petition for Review of an Order of the Occupational Safety and Health Review Commission (Alabama Case).
Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.
It is unnecessary that we decide the constitutionality of the Occupational Safety and Health Act of 1970 and its enforcement procedures established by sections 5, 6, 8, 9, 10, 11, 12, and 17, which matter is also pending and under submission before another panel of this Court in Atlas Roofing Company, Inc. v. Secretary of Labor, No. 73-2249. We are in agreement with the well-reasoned dissent of Chairman Moran of the Occupational Safety and Health Review Commission in this matter, and especially with that portion pertaining to the general rule that a contractor is not responsible for the acts of his subcontractors or their employees; accordingly, that the tractor driver was not an employee of respondent. Therefore, respondent was not using the motor vehicle involved in this case at the time of the accident within the meaning of 29 C.F.R. Sec. 1926.-601(b)(4), and the majority ruling of the Commission is erroneous.
Reversed.
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Melerine v. Avondale Shipyards, Inc.
...15 along with others, 16 has held that OSHA regulations protect only an employer's own employees. 17 In Southeast Contractors, Inc. v. Dunlop, 512 F.2d 675 (5th Cir. 1975) (per curiam), we reversed a decision of the OSHRC and adopted the opinion of OSHRC Chairman Moran, who had dissented fr......
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Acosta v. Hensel Phelps Constr. Co.
...both the Act and OSHA regulations protect only an employer’s own employees. 659 F.2d at 710–12 (citing Se. Contractors, Inc. v. Dunlop , 512 F.2d 675 (5th Cir. 1975) (per curiam), Horn v. C.L. Osborn Contracting Co. , 591 F.2d 318, 321 (5th Cir. 1979), and Barrera v. E.I. DuPont de Nemours ......
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Clarkson Const. Co. v. Occupational Safety and Health Review Com'n
...in Southeast was versed in a very brief per curiam opinion by the Court of Appeals for the Fifth Circuit. Southeast Contractors, Inc. v. Dunlop, 512 F.2d 675 (5th Cir. 1975). The Fifth Circuit rejected the majority reasoning and adopted the conclusion and reasoning of Chairman Moran. The co......
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Davenport v. Summit Contractors, Inc., Record No. 1643-04-2.
..."checkered history." IBP, Inc. v. Herman, 144 F.3d 861, 866 n. 3 (D.C.Cir.1998). See generally Southeast Contractors, Inc. v. Dunlop, 512 F.2d 675, 675 (5th Cir.1975) (per curiam) (noting the view of OSHA Commission Chairman that "a contractor is not responsible for the acts of his subcontr......
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Employee safety and health
...1981) (holding that regulations promulgated under OSHA protect only an employer’s own employees); Southeast Contractors, Inc. v. Dunlop , 512 F.2d 675 (5th Cir. 1975) ( per curiam ) (reversing decision of OSHRC and holding that there can be no violation for failure to comply with a standard......
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Employee Safety and Health
...1981) (holding that regulations promulgated under OSHA protect only an employer’s own employees); Southeast Contractors, Inc. v. Dunlop , 512 F.2d 675 (5th Cir. 1975) ( per curiam ) (reversing decision of OSHRC and holding that there can be no violation for failure to comply with a standard......
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Employee Safety and Health
...1981) (holding that regulations promulgated under OSHA protect only an employer’s own employees); Southeast Contractors, Inc. v. Dunlop , 512 F.2d 675 (5th Cir. 1975) ( per curiam ) (reversing decision of OSHRC and holding that there can be no violation for failure to comply with a standard......
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Employee Safety and Health
...1981) (holding that regulations promulgated under OSHA protect only an employer’s own employees); Southeast Contractors, Inc. v. Dunlop, 512 F.2d 675 (5th Cir. 1975) (per curiam) (reversing decision of OSHRC and holding that there can be no violation for failure to comply with a standard wh......