OSHA Regulation: Workers Right to Refuse to Work in Situation of Imminent Danger Held Invalid

Marshall v. Daniel Construction Co., 563 F.2d 707 (5th Cir. 1977), cert. denied, 99 S. Ct. 216 (1978). On December 29, 1970, President Nixon signed the Occupational Safety and Health Act (OSHA) of 1970 into law. Although there was extensive congressional debate, accord was reached on the necessity for legislation in the wake of the death and disability toll on the nation\u27s work force resulting from the introduction of increasingly sophisticated technology and chemicals into the workplace. Congress declared the policy of OSHA in section l(b): “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions. …” Pursuant to authority granted in section 7(g) of OSHA, the Secretary of Labor promulgated 29 C.F.R. section 1977.12(b)(2). This regulation permits an employee the right to refuse to work “under … circumstances then confronting the employee at the workplace which would cause him to conclude that there is a real danger of death or serious injury and there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.” At least six district courts and one circuit court have reviewed this regulation and with one exception all have found the regulation to exceed the Secretary\u27s grant of authority under the Act. The Fifth Circuit, in Marshall v. Daniel Construction Co., held that it conflicts with the intent of Congress as reflected in OSHA\u27s legislative history. This note analyzes that case and considers the statute, the regulation, case law and the legislative history of OSHA to determine whether the regulations expands OSHA\u27s jurisdiction in an area where Congress intended to contract it

A Family of Pb-based Superconductors with Variable Cubic to Hexagonal Packing

We describe three previously unreported superconductors, BaPb3, Ba0.89Sr0.11Pb3 and Ba0.5Sr0.5Pb3. These three materials, together with SrPb3, form a distinctive isoelectronic family of intermetallic superconductors based on the stacking of Pb planes, with crystal structures that display a hexagonal to cubic perovskite-like progression, as rarely seen in metals. The superconducting transition temperatures (Tc) are similar for all - 2.2 K for BaPb3, 2.7 K for Ba0.89Sr0.11Pb3 and 2.6 K for Ba0.5Sr0.5Pb3, and the previously reported Tc of SrPb3, ~ 2 K, is confirmed. The materials are moderate coupling superconductors, and calculations show that the electronic densities of states at the Fermi energy are primarily contributed by Pb. The observations suggest that the Pb-stacking variation has only a minor effect on the superconductivity.Comment: 22 pages, 8 figure