United States Third Circuit

In a case challenging the issuance of citations by OSHA to respondent-healthcare provider for failure to reimburse its employees for travel expenses and non-work time spent receiving treatment pursuant to the Bloodborne Pathogens Standard (BPS), secretary's petition for review is granted and Occupational Safety and Health Review Commission order reversing the citations vacated where: 1) the relevant language of the BPS was ambiguous, but the agency's interpretation of the provision was reasonable and consistent with the language and purpose of the regulation; and 2) respondent had sufficient notice of the agency's interpretation to satisfy due process.

Appellate Information

• Argued 06/04/2008
• Decided 09/04/2008
• Published 09/04/2008

Judges

• Before:  FISHER, JORDAN and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ronald J. Gottlieb (Argued), Charles F. James, Nathaniel I. Spiller, United States Department of Labor, Office of the Solicitor, Washington, DC, Attorneys for Petitioner.


• For Appellees:
  
• Michael S. Glassman, (Argued), Jennifer K. Swartz, Dinsmore & Shohl, Cincinnati, OH, Sheldon N. Sandler, Young, Conaway, Stargatt & Taylor, Wilmington, DE, Attorneys for Respondent, Beverly Healthcare-Hillview.