· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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