August 9, 2019 / 1:12 PM / 13 days ago

Filing date governs forum for OSHA fine appeals - 5th Circuit

The 5th U.S. Circuit Court of Appeals on Thursday refused to hear a Texas-based refinery’s appeal of OSHA citations and fines stemming from a fatal boiler explosion in Oklahoma, saying the case belongs instead in the 10th Circuit under a statutory “first to file” rule.

The U.S. Labor Department and Wynnewood Refining Co, a subsidiary of Sugar Land, Texas-based CVR Energy, are challenging different aspects of a final administrative ruling in March by the Occupational Safety and Health Review Commission.

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