Osh Oshd Mountain States Telephone and Telegraph Company v. Occupational Safety and Health Review Commission’s Empirical Analysis
623 F.2d 155 · 1980
Citation profile
8 federal appellate · 7 state decisions
How this case has been cited
Cited by 29 later decisions — most recently February 2022 · most notably New York State Electric & Gas Corporation v. Secretary of Labor and Occupational Safety and Health Review Commission (1996), Osh Oshd Austin Building Company v. Occupational Safety and Health Review Commission (1981)
8 federal appellate · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Brennan v. Occupational Safety and Health Review Commission · Horne Plumbing & Heating Co. v. Occupational Safety & Health Review Commission · Osh Oshd Danco Construction Company v. Occupational Safety & Health Review Commission · Ocean Electric Corp. v. Secretary of Labor
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Commission rule 73(a), 29 C.F.R. s 2200.73(a), provides that “(i)n all proceedings commenced by the filing of a notice of contest, the burden of proof shall rest with the Secretary.” Reasonably construed, this rule requires the Secretary to prove the elements of a violation. See Brennan v. OSHRC, 511 F.2d 1139 (9th Cir.1975). The question we decide here is whether the Commission erred when it placed upon Mountain States the burden of proving the violation was unpreventable. The Fourth Circuit, in reviewing a Commission decision involving circumstances similar to those here, held the Commission may not place the burden on the employer. Ocean Elec. Corp. v. Secretary of Labor, 594 F.2d 396 (4th Cir.1979) [additional citations omitted] ... We agree with the result reached by the Fourth Circuit.”
2 later decisions quote this exact passage · from the majority“[w]hen a corporate employer entrusts to a supervisory employee its duty to assure employee compliance with safety standards, it is reasonable to charge the employer with the supervisor's knowledge[,] actual or constructive[,] of non-complying conduct of a subordinate.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.