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· 2/18/1999

UNITED STATES of America, Plaintiff-Appellee, v. PITT-DES MOINES, INC., Defendant-Appellant

Citations

  • 168 F.3d 976
  • 51 Fed. R. Serv. 588
  • 18 OSHC (BNA) 1609
  • 1999 U.S. App. LEXIS 2464
  • 1999 WL 74687

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting the structural distinction between 29 U.S.C. i 654(a)(1) and (2), and upholding the multi-employer worksite doctrine in light of the arguable distinction in the terms of the two subsections
  • finding OSHA “serious” violation is not admissible because such a mini-trial on the OSHA violation could district and confuse the jury on the main issues of the case and probative value is limited
  • “When, as here, a statute or regulation does not implicate the First Amendment rights of a defendant, its vagueness is determined on an ‘as applied’ basis.”
  • “[The general duty clause] requires employers to protect their own employees from obvious hazards even when those hazards are not covered by specific safety regulations imposed by [OSHA].”
  • OSHA’s general duty clause, § 654(a)(1), “requires employers to protect their own employees from obvious hazards even when those hazards are not covered by specific safety regulations imposed by the Act.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Cudahy, Flaum

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.