Cluster 317169 (1974)

green · 103 citation events across 16 courts. Showing the 40 strongest citers on record (one row per citing case, strongest signal kept).

All Yellow 1 Green 39

Treatment trajectory · 1974 → 2026 · click a year to view the case as of then

197420002026

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yellow William E. Brock, Secretary of Labor v. Bechtel Power Corporation (1986)

But See · 9th Cir. · signal: but see

Instead, we will defer to the Commission’s expertise in exercising the independent adjudicatory function assigned it by the Act because “it is the Commission and not the Secretary which is charged with the final administrative adjudication of the Act. 29 U.S.C. § 659 .” Brennan v. Occupational Safety & Health Review Commission, 513 F.2d 713, 715-16 (8th Cir.1975); 29 U.S.C. § 651 (b)(3) (the Act created the “Commission for carrying out adjudicatory functions”); Donovan v. A.…

green F. Ray Marshall, Secretary of Labor, United States Department of Labor v. Daniel Construction Company, Inc. (1978)

Rule Authority · 5th Cir. · 4 citations in this opinion

Moreover, as the Secretary's interpretation of OSHA's requirements is entitled to "great weight," Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974), Daniel has the burden of proving that the Secretary's regulation is inconsistent with his congressional grant of authority.

green 6 O.S.H. Cas.(bna) 1751, 1978 O.S.H.D. (Cch) P 22,840 Ray Marshall, Secretary of Labor v. Southwestern Indust… (1978)

Rule Authority · 5th Cir. · 4 citations in this opinion

In that case, the employer argued, and the Commission held, "that where the use of one of the safety devices listed in this regulation is practical, then resort to safety nets is not required even though the practical device is not in fact utilized by the employer." Id. at 499 (note omitted).

note omitted

green William E. Brock, Secretary of Labor v. Williams Enterprises of Georgia, Inc., and Occupational Safety and He… (1987)

Rule Authority · 11th Cir. · 2 citations in this opinion

Everglades Sugar Refinery, Inc. v. Donovan, 658 F.2d 1076, 1081 (5th Cir. Unit B 1981); Southwestern Industrial, 576 F.2d at 44-45 ; Southern Contractors, 492 F.2d at 501.

green Everglades Sugar Refinery, Inc. v. Raymond J. Donovan, Secretary of Labor, and Occupational Safety & Health R… (1981)

Rule Authority · 5th Cir. · 2 citations in this opinion

“We have held that the promulgator’s interpretation is controlling as long as it is one of several reasonable interpretations, although it may not appear as reasonable as some other.” Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974). 576 F.2d at 75 .

green 9 O.S.H. Cas.(bna) 1563, 9 O.S.H. Cas.(bna) 2043, 1981 O.S.H.D. (Cch) P 25,317 Cleveland Consolidated, Inc. v… (1981)

Rule Authority · 5th Cir. · 2 citations in this opinion

Serv. 1976-77 OSHD P 20,925 at p. 25,131 (1976); See also 29 U.S.C. § 651 ; Marshall v. Southwestern Ind. Contractors & Riggers, Inc., 576 F.2d 42 , 45 (5th Cir. 1978); Brennan v. Southern Contractors Serv., supra, 492 F.2d at 501.

green Cleveland Consolidated, Inc. v. Occupational Safety & Health Review Commission (1981)

Rule Authority · 5th Cir. · 2 citations in this opinion

Serv. 1976-77 OSHD ¶ 20,925 at p. 25,131 (1976); See also 29 U.S.C. § 651 ; Marshall v. Southwestern Ind. Contractors & Riggers, Inc., 576 F.2d 42 , 45 (5th Cir. 1978); Brennan v. Southern Contractors Serv., supra, 492 F.2d at 501.

green Marshall v. Southwestern Industrial Contractors & Riggers, Inc. (1978)

Rule Authority · 5th Cir. · 2 citations in this opinion

In that case, the employer argued, and the Commission held, “that where the use of one of the safety devices listed in this regulation is practical, then resort to safety nets is not required even though the practical device is not in fact utilized by the employer.” Id. at 499 (note omitted).

note omitted

green Clarkson Construction Company v. Occupational Safety and Health Review Commission and Secretary of Labor (1976)

Rule Authority · 10th Cir. · 2 citations in this opinion

In accord with this are Udall v. Tallman, 380 U.S. 1, 16-17 , 85 S.Ct. 792 , 13 L.Ed.2d 616 (1965); Board of Directors, Forbes Fed’l Credit Union v. Nat’l Credit Union Admin., 477 F.2d 777 , 784 (10th Cir. 1973), cert. denied, 414 U.S. 924 , 94 S.Ct. 233 , 38 L.Ed.2d 158 (1973); Brennan v. Southern Contractors Service and Occupational Safety and Health Review Commission, 492 F.2d 498, 501 (5th Cir. 1974) .

green United Steelworkers of America, Afl-Cio-Clc v. St. Joe Resources, Amax Lead Co. And Occupational Safety and H… (1990)

Rule Authority · 5th Cir.

Contractors & Riggers, Inc., 576 F.2d 42 , 44 (5th Cir.1978); Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir.1974) 5 See Dole v. OSHRC, 891 F.2d 1495, 1498 (10th Cir.1989), cert. granted, --- U.S. ----, 110 S.Ct. 3235 , 111 L.Ed.2d 747 (1990); Brock v. Bechtel Power Corp., 803 F.2d 999, 1000-01 (9th Cir.1986); Usery v. Hermitage Concrete Pipe Co., 584 F.2d 127, 132 (6th Cir.1978); Marshall v. Western Electric, Inc., 565 F.2d 240, 244 (2d Cir.1977); Brenn…

green United Steelworkers v. St. Joe Resources (1990)

Rule Authority · 5th Cir.

Contractors & Riggers, Inc., 576 F.2d 42 , 44 (5th Cir.1978); Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir.1974). .

green United Steelworkers of America v. Schuylkill Metals Corp. (1987)

Rule Authority · 5th Cir.

Brock v. Schwarz-Jordan, Inc., 777 F.2d 195, 196-97 (5th Cir.1985) (per euriam); Marshall v. Southwestern Industrial Contractors & Riggers, Inc., 576 F.2d 42, 44-45 (5th Cir.1978); Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir.1974); see RSR Corp. v. Brock, 764 F.2d 355, 365 (5th Cir.1985).

green United Steelworkers Of America, Afl-Cio-Clc v. Schuylkill Metals Corporation (1987)

Rule Authority · 5th Cir.

Brock v. Schwarz-Jordan, Inc., 777 F.2d 195, 196-97 (5th Cir.1985) (per curiam); Marshall v. Southwestern Industrial Contractors & Riggers, Inc., 576 F.2d 42, 44-45 (5th Cir.1978); Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir.1974); see RSR Corp. v. Brock, 764 F.2d 355, 365 (5th Cir.1985).

green William E. Brock, Secretary of Labor v. City Oil Well Service Co., and Occupational Safety and Health Review … (1986)

Rule Authority · 5th Cir.

Id. at 501 (citations omitted).

citations omitted

green J.L. Foti Const. Co. Inc. v. Donovan (1986)

Rule Authority · 6th Cir.

See Concrete Construction Company, Inc. v. OSHRC, 598 F.2d 1031, 1033 (6th Cir. 1979); Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974).

green William E. Brock, Secretary of Labor v. Schwarz-Jordan, Inc. (1985)

Rule Authority · 5th Cir.

This Court has held that the Secretary’s interpretation “is controlling as long as it is one of several reasonable interpretations, although it may not appear as reasonable as some other.” Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir.1974); Marshall v. Southwestern Industrial Contractors and Riggers, Inc., 576 F.2d at 44 .

green Brock v. L.R. Willson & Sons, Inc. (1985)

Rule Authority · D.C. Cir.

Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir.1974) (“failure to use any of such devices is a proper predicate for the imposition of sanctions”).

green Brock v. Willson & Sons, Inc. (1985)

Rule Authority · D.C. Cir.

Cleveland Consol., Inc. v. OSHRC, 649 F.2d 1160 , 1163, 1165 (5th Cir.1981) (affirming Commission finding of serious violation of Sec. .105(a) because connectors had no fall protection); Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir.1974) ("failure to use any of such devices is a proper predicate for the imposition of sanctions").

green Rsr Corporation v. William E. Brock, Secretary of Labor and Occupational Safety and Health Review Commission (1985)

Rule Authority · 5th Cir.

Zachry Co. v. Occupational Safety & Health Review Commission, 638 F.2d 812, 817 (5th Cir.1981), and the Secretary of Labor, see Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir.1974), are entitled to great weight. “[0]ur standard of review is whether ... [the interpretation of the regulation] is unreasonable or inconsistent with the regulation’s purpose.” H.B.

green Raymond J. Donovan, Secretary of Labor v. A. Amorello & Sons, Inc., and Occupational Safety and Health Review… (1985)

Rule Authority · 1st Cir.

See Brennan v. OSHRC, 513 F.2d 553 , 554 (10th Cir. 1975) (“[T]he interpretation argued for by the Secretary should be accepted by us if it be a reasonable one.”); Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir.1974) (“[T]he Secretary is authorized to promulgate regulations, ... [and] the promulgator’s interpretation is controlling as long as it is one of several reasonable interpretations, although it may not appear as reasonable as some other.”).

green Raymond J. Donovan (Successor to Ray Marshall) Secretary of Labor v. Anheuser-Busch, Inc., and Occupational S… (1982)

Rule Authority · 8th Cir.

Brennan v. Gilles & Cotting, Inc., 504 F.2d 1255, at 1261-1262 (C.A. 4 1974), in which a statutory interpretation of the Commission was given deference; Marshall v. Western Electric, Inc., 565 F.2d 240, at 244 (C.A. 2 1977), granting deference to the interpretation of the Secretary when the interpretation of the Commission is inconsistent with unequivocal language of the regulation; Brennan v. Southern Contractors Service, 492 F.2d 498, at 501 (C.A. 5 1974), holding that the…

green Floyd S. Pike Electrical Contractor, Inc. v. Occupational Safety & Health Review Commission (1978)

Rule Authority · 5th Cir.

green 6 O.S.H. Cas.(bna) 1781, 1978 O.S.H.D. (Cch) P 22,855 Floyd S. Pike Electrical Contractor, Inc. v. Occupation… (1978)

Rule Authority · 5th Cir.

"We have held that the promulgator's interpretation is controlling as long as it is one of several reasonable interpretations, although it may not appear as reasonable as some other." Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974). 4 20 The Secretary's interpretation of the shoring standard is certainly a reasonable one.

green Moore v. Occupational Safety & Health Review Commission (1977)

Rule Authority · 9th Cir.

Budd Co. v. OSHRC, 513 F.2d 201, 204-05 (3d Cir. 1975); see California Stevedore & Ballast Co. v. OSHRC, 517 F.2d 986, 988 (9th Cir. 1975); Brennan v. OSHRC, 513 F.2d 553 , 554 (10th Cir. 1975); Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974); cf. Udall v. Tallman, 380 U.S. 1, 16-17 , 85 S.Ct. 792 , 13 L.Ed.2d 616 (1965); United States v. Whelan, 463 F.2d 1093, 1094 (9th Cir. 1972).

green Irvington Moore, Division of U. S. Natural Resources, Inc. v. The Occupational Safety and Health Review Commi… (1977)

Rule Authority · 9th Cir.

green Langer Roofing & Sheet Metal, Inc. v. Secretary of Labor, U. S. Department of Labor and Occupational Safety a… (1975)

Rule Authority · 7th Cir.

Budd Co. v. OSHRC, 513 *1339 F.2d 201, 204-205 (3d Cir. 1975) (per curiam); Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974); Brennan v. OSHRC, 513 F.2d 553 , 554 (10th Cir. 1975); Brennan v. OSHRC, 501 F.2d 1196 , 1199 (7th Cir. 1974).

green Peter J. Brennan, Secretary of U. S. Department of Labor v. Occupational Safety and Health Review Commission … (1975)

Rule Authority · 8th Cir. · signal: cf.

Cf. Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974); Brennan v. OSHRC and Gerosa, supra, 491 F.2d at 1344—45.

green Nos. 74-1256, 74-1781 (1975)

Rule Authority · 3rd Cir. · signal: cf.

Cf. Brennan v. Gilles & Cotting, Inc., 504 F.2d at 1262 15 29 U.S.C. § 661 (a) (Supp.1974) 16 See Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974); Brennan v. Gilles & Cotting, Inc., 504 F.2d at 1261-62 .

green Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Underhill Constr… (1975)

Rule Authority · 2d Cir.

Brennan v. Gerosa, Inc., supra, 491 F.2d at 1344 ; Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974); Brennan v. OSHRC and Vy Lactos Laboratories, Inc., 494 F.2d 460, 463 (8th Cir. 1974).

green Brennan v. Occupational Safety & Health Review Commission (1975)

Rule Authority · 2d Cir.

green Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Santa Fe Trail T… (1974)

Rule Authority · 10th Cir.

Madden Construction, Inc. v. Hodgson, 9 Cir., 502 F.2d 278 ; Brennan v. Southern Contractors Service, 5 Cir., 492 F.2d 498, 499, n. 2 ; and Brennan v. Occupational Safety and Health Review Commission, 5 Cir., 487 F.2d 230, 232 .

green Mahon v. United States Department of Agriculture (2007)

Cited (see also) · 11th Cir. · signal: see also · 2 citations in this opinion

The agency's interpretation shall be considered reasonable and controlling so long as it is not "arbitrary, capricious, or manifestly contrary to the statute." Dawson v. Scott, 50 F.3d 884, 887 (11th Cir.1995) (quoting Chevron, 467 U.S. at 844 , 104 S.Ct. at 2782 ). 57 "An agency's interpretation of its own regulations is `controlling unless plainly erroneous or inconsistent with the regulation.'" Sierra Club v. Johnson, 436 F.3d at 1274 (quoting Auer v. Robbins, 519 U.S. 45…

green Quality Stamping Products v. Occupational Safety and Health Review Commission Secretary of Labor United State… (1983)

Cited (see also) · 6th Cir. · signal: see also

“The purpose and intent of the Act is to protect the health of the workers.” American Smelting Co. v. O.S.H.R.C., 501 F.2d 504, 511 (8th Cir.1974); See also Brennan v. Southern Contractors Service, 492 F.2d 498, 499 (5th Cir.1974).

green L. R. Willson & Sons, Inc. v. Raymond L. Donovan, Secretary of Labor, United States Department of Labor (1982)

Cited · D.C. Cir. · signal: see

See Brennan v. Southern Contractors Service, 492 F.2d 498 (5th Cir. 1974).

green Richardson v. United States (1978)

Cited (see also) · 10th Cir. · signal: see, e.g.

See, e. g., Brennan v. Southern Contractors Service, 492 F.2d 498 (5th Cir. 1974); Brennan v. Occupational Safety & Health Review Commission (Gerosa, Inc.), 491 F.2d 1340 (2d Cir. 1974).

green 6 O.S.H. Cas.(bna) 1631, 1978 O.S.H.D. (Cch) P 22,791 Ray Marshall, Secretary of Labor v. Cities Service Oil … (1978)

Cited (see also) · 10th Cir. · signal: see, e.g.

See, e. g., Brennan v. Southern Contractors Service, 492 F.2d 498 (5th Cir. 1974); Brennan v. Occupational Safety & Health Review Commission (Gerosa, Inc.), 491 F.2d 1340 (2d Cir. 1974).

green Budd Co. v. Occupational Safety & Health Review Commission (1975)

Cited · 3rd Cir. · signal: see

See Brennan v. Southern Contractors Service, 492 F.2d 498, 501 (5th Cir. 1974); Brennan v. Gilles & Cotting, Inc., 504 F.2d at 1261-62 .

green Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Hanovia Lamp Div… (1974)

Cited (see also) · 3rd Cir. · signal: see, e.g.

See, e.g., Brennan v. Southern Contractors Service, 492 F.2d 498 (5th Cir. 1974); Brennan v. Occupational Safety & Health Review Commission (Gerosa, Inc.), 491 F.2d 1340 (2d Cir. 1974).

green Mahon v. U.S. Department of Agriculture (2006)

Cited (see also) · M.D. Fla. · signal: see also

Id. at 1186 ; see also Brennan v. S. Contractors Serv., 492 F.2d 498 , 501 (5th Cir.1974) (holding that Secretary of Labor's interpretation of a regulation promulgated under Occupational Safety and Health Act was entitled to "great weight”). 54 . 7 C.F.R. § 1480.1 . 55 .

green Craig v. Colburn (1976)

Cited (see also) · D. Kan. · signal: see also

See also Brennan v. Southern Contractors Service, 492 F.2d 498 (5th Cir. 1974).