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OSHA Violations

By: Derek Hawkins//February 6, 2017//

OSHA Violations

By: Derek Hawkins//February 6, 2017//

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7th Circuit Court of Appeals

Case Name: Dana Container, Inc. v. Secretary of Labor

Case No.: 16-1087

Officials: WOOD, Chief Judge, and EASTERBROOK and SYKES, Circuit Judges

Focus: OSHA Violations

It is not hard to find people who complain about government regulations, but the regulations often exist because people do not take optimal precautions on a voluntary basis. This case illustrates that problem. It arose after toxic fumes in a large container knocked out a man who was working inside it. Fortunately, he was rescued by the local fire department, but his employer, Dana Container, wound up fighting citations from the Occupational Safety and Health Administration (OSHA). After an administrative law judge (ALJ) and the Occupational Safety and Health Review Commission upheld OSHA’s actions, Dana turned to this Court. Because Dana has not provided a compelling reason to overturn the Commission’s determinations, we deny its petition for review.

Petition Denied

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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