29 CFR 1977.12 - Exercise of any right afforded by the Act

Cite as29 CFR 1977.12
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41 practice notes
  • Marshall v. Daniel Const. Co., Inc., No. 76-1465
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 21, 1977
    ...injury to him if he performed his assigned work," 2 and that, since Simpson's refusal to work under these conditions was protected by 29 C.F.R. § 1977.12 (1976), 3 Daniel violated 29 U.S.C. § 660(c)(1) 4 which proscribes an employer's discharge of any of Page 709 its employees for exercisin......
  • United Steelworkers of America, AFL-CIO-CLC v. Marshall, AFL-CIO-CL
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 30, 1981
    ...apprehension of death or serious injury coupled with a reasonable belief that no less drastic alternative is available." Id. at 4190; 29 C.F.R. § 1977.12, 38 Fed.Reg. 2681, 2683 (1973), as corrected 38 Fed.Reg. 4577 (1973). The Supreme Court upheld the regulation as being consistent with th......
  • Marshall v. Whirlpool Corp., Nos. 76-2143
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • April 4, 1979
    ...reversed and remanded for further proceedings. The district judge's findings of fact in No. 76-2144 are affirmed. --------------- 1 29 C.F.R. § 1977.12, Reprinted in text, 2 29 U.S.C. § 660(c)(1) provides: No person shall discharge or in any manner discriminate against any employee because ......
  • Lopez v. Burris Logistics Co., No. 3:12–CV–1039 (CSH).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • September 23, 2013
    ...by OSHA depends upon, inter alia, the severity of the impending harm and the employee's good faith belief in level of the danger. See29 C.F.R. § 1977.12(b)(1, 2) (stating that “as a general matter, there is no right afforded by [OSHA] which would entitle employees to walk off the job becaus......
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26 cases
  • Marshall v. Daniel Const. Co., Inc., No. 76-1465
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 21, 1977
    ...injury to him if he performed his assigned work," 2 and that, since Simpson's refusal to work under these conditions was protected by 29 C.F.R. § 1977.12 (1976), 3 Daniel violated 29 U.S.C. § 660(c)(1) 4 which proscribes an employer's discharge of any of Page 709 its employees for exercisin......
  • United Steelworkers of America, AFL-CIO-CLC v. Marshall, AFL-CIO-CL
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 30, 1981
    ...apprehension of death or serious injury coupled with a reasonable belief that no less drastic alternative is available." Id. at 4190; 29 C.F.R. § 1977.12, 38 Fed.Reg. 2681, 2683 (1973), as corrected 38 Fed.Reg. 4577 (1973). The Supreme Court upheld the regulation as being consistent with th......
  • Lopez v. Burris Logistics Co., No. 3:12–CV–1039 (CSH).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • September 23, 2013
    ...by OSHA depends upon, inter alia, the severity of the impending harm and the employee's good faith belief in level of the danger. See29 C.F.R. § 1977.12(b)(1, 2) (stating that “as a general matter, there is no right afforded by [OSHA] which would entitle employees to walk off the job becaus......
  • Marshall v. Whirlpool Corp., Nos. 76-2143
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • April 4, 1979
    ...reversed and remanded for further proceedings. The district judge's findings of fact in No. 76-2144 are affirmed. --------------- 1 29 C.F.R. § 1977.12, Reprinted in text, 2 29 U.S.C. § 660(c)(1) provides: No person shall discharge or in any manner discriminate against any employee because ......
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12 firm's commentaries
  • Labor & Employment Issues Facing the Healthcare Industry
    • United States
    • JD Supra United States
    • April 12, 2016
    ...on infection control and vaccinations, workers compensation, and other public facing protections exist and must be complied with. 439 29 C.F.R. § 1977.12(b)(2). 440 29 C.F.R. § COPYRIGHT ©2016 LITTLER MENDELSON, P.C . 73 LABOR & EMPLOYMENT ISSUES FACING THE HEALTHCARE INDUSTRY X. OFCCP/FEDE......
  • Labor and Employment Issues Facing the Healthcare Industry
    • United States
    • JD Supra United States
    • July 12, 2019
    ...on infection control and vaccinations, workers compensation, and other public facing protections exist and must be complied with. 542 29 C.F.R. § 1977.12(b)(2). 543 29 C.F.R. § LABOR AND EMPLOYMENT ISSUES FACING THE HEALTHCARE INDUSTRY 90 COPYRIGHT ©2019 LIT TLER MENDELSON, P.C. J. Recent D......
  • Employer’s OSHA-Related Obligations Concerning Coronavirus
    • United States
    • JD Supra United States
    • March 30, 2020
    ...14 29 C.F.R. 1910.134. 15 29 C.F.R. 1910.1200. 16 § 5-405 of the Md. Code, Labor and Employment Article; COMAR § 09.12.33.02. 17 29 C.F.R. 1977.12(b)(1). 18 29 C.F.R. Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained i......
  • Hurricane Season is Here: Are You Prepared to Weather the Storm After the Storm?
    • United States
    • JD Supra United States
    • June 17, 2011
    ...he or she is exposed to imminent danger may, assuming certain conditions are met, refuse to do a job. Specifically, consistent with 29 C.F.R. 1977.12(b)(2), the condition causing the employee concern “must be of such a nature that a reasonable person, under the circumstances then confrontin......
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1 books & journal articles

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