W. J. Usery, Jr., Secretary of Labor v. Hermitage Concrete Pipe Company and Occupational Safety and Health Review Commission

How courts have described this case

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

• rejecting the Secretary’s proposed rule that, because silicosis is a serious disease, any exposure to silica dust exceeding permissible amounts is per se a serious violation
• following California Stevedore & Ballast regarding impermissible levels of free silica in concrete operation
• violation is 'serious' if there is a possibility of an accident and a substantial probability of serious injury

Source: CourtListener parenthetical corpus (CC0).