September 11, 2019 / 11:44 PM / 3 months ago

9th Circuit breathes life into DOL's broad reading of respiratory hazard rule

A U.S. appeals court on Wednesday said a federal workplace safety rule requires employers to identify and evaluate workplace respiratory hazards regardless of whether dangerous levels of contamination that require the use of protective respirators are already present.

A unanimous three-judge panel of the 9th U.S. Circuit of Appeals upheld the U.S. Department of Labor’s longstanding view of the Occupational Safety and Health Administration (OSHA) rule and remanded a case involving Alaska ship repair company Seward Ship’s Drydock Inc to the Occupational Safety and Health Review Commission (OSHRC), which had disagreed with DOL.

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