May 15, 2020 / 9:30 PM / 12 days ago

D.C. Circuit revives vintage OSHA rule tossed out by workplace safety panel

The U.S. Court of Appeals for the D.C. Circuit on Friday revived the U.S. Department of Labor’s longstanding requirement that construction companies provide eyewash showers for workers, saying the agency was not required to seek the industry’s input before adopting it.

A unanimous three-judge D.C. Circuit panel said the Occupational Safety and Health Administration (OSHA) did not have to engage in formal rulemaking in 1971 when it extended an existing eyewash rule for federal contractors to all employers, or in 1993 when it formally adopted the rule for the construction industry.

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