Standard Interpretations - (Archived) Table of Contents|
May 6, 1991
MEMORANDUM FOR: BYRON R. CHADWICK REGIONAL ADMINISTRATOR FROM: PATRICIA K. CLARK, DIRECTOR DIRECTORATE OF COMPLIANCE PROGRAMS SUBJECT: Favorable Supreme Court Decision Secretary of Labor v. Occupational Safety and Health Review Commission and C.F. & I. Steel Corp., Docket No. 86-264
On March 20, 1991, the Supreme Court reversed the 10th Circuit Court and Review Commission decision which were in favor of C.F. & I. Steel Corp. This action upheld the willful violation of 29 CFR 1910.1029 and the $10,000 penalty assessed by the ALJ which directly affects the employer and Area Office within your region.
Beyond the affirmation of the violation, this decision establishes a precedent which will require the Appeals Courts to pay deference to OSHA's interpretation of a standard over the Review Commission's when both provide reasonable but conflicting interpretations.
A copy of this decision is provided for your information.
NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
|Standard Interpretations - (Archived) Table of Contents|
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