INTERCOUNTY CONSTRUCTION CO.

v.

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Citator

Cited By

• Ga. Elec. Co. v. Marshall, 595 F.2d 309 (5th Cir. 1979)
  …careless disregard.”). The majority of Circuits that have considered the question of the meaning of willfulness have adopted the OSHRC approach. For example, in Intercounty Construction Co. v. OSHRC, 4 Cir., 1975, 522 F. 2d 777, cert. denied, 1976, 423 U.S. 1072, 92 S.Ct. 854, 47 L.Ed.2d 82, the Fourth Circuit upheld a finding of a willful violation where an employer had failed to shore up a trench as required by OSHA regulation. The Court emphasized the employer’s disregard of the OSHA standard: We agree…
• Todd Shipyards Corp. v. Sec'y OF Labor & the Occupational Safety & Health Review Comm'n, 566 F.2d 1327 (9th Cir. 1977)
  …’s noncompliance is knowing and intentional and hence may be characterized as a willful violation. Id. § 666(a). See Intercounty Construction Co. v. Occupational Safety & Health Review Commission, 522 F. 2d 777, 779-80 (4th Cir. 1975), cert. denied, 423 U.S. 1072, 96 S.Ct. 854, 47 L.Ed.2d 82 (1976); F. X. Messina Construction Corp. v. Occupational Safety & Health Review Commission, 505 F. 2d 701, 702 (1st Cir. 1974) (“willful” described as “conscious, intentional, deliberate, [and] voluntary”). A repeated v…
• United States v. Mitlo, 714 F.2d 294 (3d Cir. 1983)
  …d or deceived by government agents into providing incriminating information. The court relied on isolated statements from two Sixth Circuit cases involving income tax prosecutions, United States v. Allen, 522 F. 2d 1229 (6th Cir.1975), cert. denied, 423 U.S. 1072, 96 S.Ct. 854, 47 L.Ed.2d 82 (1976), and United States v. Marra, 481 F. 2d 1196 (6th Cir.), cert. denied, 414 U.S. 1004, 94 S.Ct. 361, 38 L.Ed.2d 240 (1973). In both cases the court sustained the admissibility of the statements, but by way of dict…