Anthony J. Melerine, Jr., Continental Insurance Company, Intervenor-Appellant v. Avondale Shipyards, Inc.

U.S. Court of Appeals, Fifth Circuit · Decided 1981-10-23

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ALVIN B. RUBIN, Circuit Judge: In a negligence action, regulations promulgated under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (1976) (“OSHA”), provide evidence of the standard of care exacted of employers, but they neither create an implied cause of action nor establish negligence per se. While they are evidence o…

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