As used in this part, unless the context clearly requires otherwise:
(a) Act means the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590).
(b) Assistant Secretary of Labor means the Assistant Secretary of Labor for Occupational Safety and Health;
(c) Employer means a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State;
(d) Employee means an employee of an employer who is employed in a business of his employer which affects commerce;
(e) Commerce means trade, traffic, commerce, transportation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outside thereof;
(f) Standard means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment;
(g) National consensus standard means any standard or modification thereof which (1) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary of Labor or by the Assistant Secretary of Labor that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formulated in a manner which afforded an opportunity for diverse views to be considered, and (3) has been designated as such a standard by the Secretary or the Assistant Secretary, after consultation with other appropriate Federal agencies; and
(h) Established Federal standard means any operative standard established by any agency of the United States and in effect on April 28, 1971, or contained in any Act of Congress in force on the date of enactment of the Williams-Steiger Occupational Safety and Health Act.
Notes of Decisions
Cited in
19
cases (
2 in the last 5 years), 1975–2023 · leading case:
Umansky v. ABC Ins., 2009 WI 82 (Wis. 2009).
Umansky v. ABC Ins., 2009 WI 82 (Wis. 2009).
· cites it 4× “1590 , 1591 (1970); 29 C.F.R. § 1910.2 (c). However, Wis. Admin.”
Hartley v. North Am. Polymer Co., 2020 IL App (1st) 192619 (Ill. App. Ct. 2020).
· cites it 3× “” Under 29 C.F.R. 1910.2, an “[e]mployer means a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State.”
Umansky v. ABC Ins., 2008 WI App 101 (Wis. Ct. App. 2008).
“1590 , 1591 (1970); 29 C.F.R. § 1910.2 (c). However, Wis. Admin.”
Comm'r of Labor v. Weekley Homes, L.P., 609 S.E.2d 407 (N.C. Ct. App. 2005).
“Next, petitioner contends that OSHA’s own regulations, specifically 29 C.F.R. § 1910.2 (a) (1998) and 1910.5(d) (1998), provide that one employer may not be cited for violations of another employer’s infractions.”
Marlys Bear Med. v. United States, 241 F.3d 1208 (9th Cir. 2001).
“While the Government correctly notes that the United States is not required to comply with OSHA as an employer, 29 C.F.R. 1910.2(c), Lone Bear signed a contract promising to comply with all applicable federal laws, and the BIA retained the authority to ensure this compliance.”
Herman v. Lancaster Homes, Inc., 145 A.D.2d 926 (N.Y. App. Div. 1988).
“In any event, the responsibility to see that those regulations are carried out lies with employers, and defendant is not plaintiffs employer (see, 29 CFR 1910.2 [c], [d]; 1910.5, 1910.12, 1910.”
Eagle Servs. Corp. v. H2O Indus. Servs., Inc., 532 F.3d 620 (7th Cir. 2008).
“But after Eagle rested its case the court granted the defendants’ motion for judgment as a matter of law, as no evidence had been presented that either the Occupational Safety and Health Act or the regulations under it require companies that the Occupational Safety and Health…”
Duncan v. CRS Sirrine Engineers, Inc., 524 S.E.2d 115 (S.C. Ct. App. 1999).
“, 29 C.F.R. § 1910.2 (c) & (d) (1994). The key factor in determining whether a party constitutes an employer under OSHA regulations is whether the party has the right to control an employee’s work.”
— 29 C.F.R. § 1910.2(c) — 3 cases
Marlys Bear Med. v. United States, 241 F.3d 1208 (9th Cir. 2001).
“While the Government correctly notes that the United States is not required to comply with OSHA as an employer, 29 C.F.R. 1910.2(c), Lone Bear signed a contract promising to comply with all applicable federal laws, and the BIA retained the authority to ensure this compliance.”
Hartley v. North Am. Polymer Co., 2020 IL App (1st) 192619 (Ill. App. Ct. 2020).
“” Under 29 C.F.R. 1910.2, an “[e]mployer means a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State.”
— 29 C.F.R. § 1910.2(d) — 1 case
Hartley v. North Am. Polymer Co., 2020 IL App (1st) 192619 (Ill. App. Ct. 2020).
“” Under 29 C.F.R. 1910.2, an “[e]mployer means a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.