Se. Contractors, Inc. v. John T. Dunlop, Sec'y of Labor, 512 F.2d 675 (5th Cir. 1975). · Go Syfert
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Se. Contractors, Inc. v. John T. Dunlop, Sec'y of Labor, 512 F.2d 675 (5th Cir. 1975). Cases Citing This Book View Copy Cite
31 citation events (9 in the last 25 years) across 7 distinct courts.
Strongest positive: James Offord v. United States Gypsum Corp. (ca5, 2009-12-23) · Strongest negative: Department of Labor v. Hayes Drilling, Inc. (kyctapp, 2011-09-02)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited "but see" Department of Labor v. Hayes Drilling, Inc.
Ky. Ct. App. · 2011 · signal: but see · confidence high
Co., 566 F.2d 596 (8th Cir.1977); Brennan v. Occupational Safety & Health Review Comm’n, 513 F.2d 1032 (2d Cir.1975); but see Southeast Contractors, Inc. v. Dunlop, 512 F.2d 675 (5th Cir.1975).
discussed Cited "but see" Universal Construction Co. v. Occupational Safety & Health Review Commission (2×)
10th Cir. · 1999 · signal: but see · confidence high
Co., 566 F.2d 596 (8th Cir.1977); Brennan v. Occupational Safety & Health Review Comm’n, 513 F.2d 1032 (2d Cir.1975); but see Southeast Contractors, Inc. v. Dunlop, 512 F.2d 675 (5th Cir.1975).
cited Cited as authority (rule) James Offord v. United States Gypsum Corp.
5th Cir. · 2009 · confidence medium
Osborn Contracting Co., 591 F.2d 318, 321 (5th Cir.1979); Southeast Contractors, Inc. v. Dunlop, 512 F.2d 675, 675 (5th Cir.1975) (per curiam).
cited Cited "see" Terry Calloway v. PPG Industries, Inc.
11th Cir. · 2005 · signal: see · confidence high
See Southeast Contractors, Inc. v. Dunlop, 512 F.2d 675 (5th Cir. 1975); Horn v. C.L.
discussed Cited "see" Davenport v. Summit Contractors, Inc.
Va. Ct. App. · 2005 · signal: see · confidence high
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 subcontractors or their employees”); Brennan v. Gilles & Cotting, Inc., 504 F.2d 1255, 1257 (4th Cir.1974) (affirming OSHA Commission’s initial rejection of doctrine as a basis for holding a general contractor responsible when two employees of its subcontractor were killed in a scaffolding collapse). 7 .
discussed Cited "see" Central of Georgia Railroad v. Occupational Safety & Health Review Commission
5th Cir. · 1978 · signal: see · confidence high
See Southeast Contractors v. Dunlop, 512 F.2d 675 (5th Cir. 1975); cf. Brennan v. Gilles & Cotting, 504 F.2d 1255 (4th Cir. 1974); but see Clarkson Construction Co. v. OSHRC, 531 F.2d 451 (10th Cir. 1976).
discussed Cited "see" 6 O.S.H. Cas.(bna) 1784, 1978 O.S.H.D. (Cch) P 22,867 Central of Georgia Railroad Company v. Occupational Safety and Health Review Commission and Ray Marshall, Secretary of Labor
5th Cir. · 1978 · signal: see · confidence high
See Southeast Contractors v. Dunlop, 512 F.2d 675 (5th Cir. 1975); cf. Brennan v. Gilles & Cotting, 504 F.2d 1255 (4th Cir. 1974); but see Clarkson Construction Co. v. OSHRC, 531 F.2d 451 (10th Cir. 1976). 11 Moreover, much of the Seventh Circuit's reasoning in Anning-Johnson relates specifically to the intricacies of multi-employer construction contracts where a variety of subcontractors enter the workplace, each carrying out a defined, specialized task over a finite period of time.
discussed Cited "see, e.g." Clarkson Construction Company v. Occupational Safety and Health Review Commission and Secretary of Labor (2×)
10th Cir. · 1976 · signal: see also · confidence low
See also Southeast Contractors, Inc. v. Dunlop, 512 F.2d 675 (5th Cir.).
Retrieving the full opinion text from the archive…
SOUTHEAST CONTRACTORS, INC., Petitioner,
v.
John T. DUNLOP, Secretary of Labor, Respondent
74-2698.
Court of Appeals for the Fifth Circuit.
Mar 19, 1975.
512 F.2d 675
1975 U.S. App. LEXIS 15571
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, Birmingham, 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.
Gewin, Ainsworth, Morgan.
Cited by 18 opinions  |  Published
PER CURIAM:

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. § 1926.-601(b)(4), and the majority ruling of the Commission is erroneous.

Reversed.