United States Third Circuit
Secretary of Labor v. ConocoPhillips Bayway Refinery, 10-2893
In an intra-agency squabble over the application of 29 U.S.C. section 666 to certain asbestos violations, decision of the OSHRC minimizing the classification of the violations to "other-than-serious" on the ground that petitioner, the Secretary of Labor, failed to present case-specific evidence of possible employee exposure to asbestos is vacated, where under Secretary of Labor v. Trinity Industries, the subject violations were "serious," and the Secretary need not proffer case-specific evidence to meet Trinity's standard.
Appellate Information
- Decided 08/16/2011
- Published 08/16/2011
Judges
- GARTH
Court
- United States Third Circuit
Counsel
- For Appellant:
- Gary K. Stearman, Dennis J. Morikawa