REICH v. McNALLY CONSTRUCTION TUNNELING COMPANY (1995)

United States Court of Appeals,Sixth Circuit.

Robert B. REICH, Secretary of Labor, Petitioner, v. McNALLY CONSTRUCTION and TUNNELING COMPANY; The Occupational Safety and Health Review Commission, Respondents.

No. 94-3935.

Decided: November 07, 1995

Before: NORRIS and SUHRHEINRICH, Circuit Judges; FORESTER, District Judge.**

Ann Rosenthal,Ron Gottlieb (argued and briefed), U.S. Dept. of Labor, Office of Sol., Washington, DC, for petitioner. Keith A. Ashmus (argued and briefed), Thomas J. Piatak, Thompson, Hine & Flory, Cleveland, OH, for McNally Const. and Tunneling Co. Ray Darling, Secretary, Washington, DC, for Occupational Safety & Health Review Com'n. Arthur G. Sapper, Robert C. Gombar (briefed), McDermott, Will & Emery, Washington, DC, Amicus Curiae American Underground-Const. Ass'n, National Utility Contractors Ass'n, Morrison-Knudsen Corp., Kenny Const. Co., Kiewit Const.

Petitioner, Secretary of Labor, seeks review by this court of the final order of the Occupational Safety and Health Review Commission that vacated the Secretary's citation of respondent McNally Construction and Tunneling Company for a serious violation of 29 C.F.R. § 1926.407(b).

Having had the benefit of oral argument, and having carefully considered the record on appeal and the briefs of the parties, we agree with the conclusion of the Commission that the general electrical standard relied upon by the Secretary is preempted by the specific tunneling standard found in 29 C.F.R. § 1926.800.

Because the reasoning which supports the final order has been articulated by the Commission, the issuance of a detailed written opinion by this court would be duplicative and serve no useful purpose.

Accordingly, the final order of the Occupational Safety and Health Review Commission is affirmed upon the reasoning employed by the Commission in its decision dated July 13, 1994.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law