Atlantic & Gulf Stevedores v. Occupational Safety & Health Review Commission

534 F.2d 541 (1976)

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Atlantic & Gulf Stevedores v. Occupational Safety & Health Review Commission

United States Court of Appeals for the Third Circuit
534 F.2d 541 (1976)

Facts

The secretary of labor (secretary) cited Atlantic & Gulf Stevedores, Inc. (plaintiff) and two other employers (collectively, employers) for violating the longshoring-hardhat standard, which required longshoremen to use protective headgear while working. In the incidents cited, nearly all the longshoremen were working without hardhats. The employers argued that compliance with the standard was not achievable because their employees did not want to wear hardhats and refused to comply with the employers’ rules requiring them. The employers believed that strikes or walkouts would occur if the employers pressed to enforce the standard, and a strike over the issue did occur in one port. The administrative-law judge found the employers in violation of the standard but vacated the penalties the secretary had imposed. The Occupational Safety and Health Review Commission (commission) (defendant) affirmed, and the employers petitioned for judicial review.

Rule of Law

Issue

Holding and Reasoning (Gibbons, J.)

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