United States Third Circuit

Petitions for review brought by the Secretary of Labor and an employer of decisions upholding two violations of the Occupational Safety and Health Act but reclassifying them as "non-serious" is granted as to the Secretary's petition and denied as to the employer's where the reclassification was erroneous because employer's failure to test for asbestos in a situation in which it was presumed to be present was a "serious" violation under applicable regulations, and there was no need to show that a contractor's employees suffered any actual or significant exposure to asbestos.

Appellate Information

• Argued 05/21/2007
• Decided 09/28/2007
• Published 09/28/2007

Judges

• Before: BARRY, CHAGARES, and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Michelle Yau, Esq. (Argued), Michael P. Doyle, Esq., United States Department of Labor, Office of the Solicitor, Washington, D.C., for Petitioner/Cross Respondents., Robert E. Rader, Jr., Esq. (Argued), Rader & Campbell, Dallas, TX, for Respondents/Cross Petitioners.