United States Fifth Circuit

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Startran, Inc. v. Occupational Safety & Health Comm., 09-60263

In a petition for review of a determination by the Occupational Safety and Health Commission (the Commission) that petitioner was not exempt from the Occupational Safety and Health Act (OSHA) under the provision of 29 U.S.C. section 652(5) stating that for purposes of the Act "'employer' . . . does not include . . . any . . . political subdivision of a State," the petition is granted where, under 29 C.F.R. section 1975.5(b)(2), petitioner was "administered by individuals who are controlled by public officials and responsible to such officials" and was thus exempt from OSHA.

Appellate Information

  • Decided 06/09/2010
  • Published 06/09/2010


  • Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.


  • United States Fifth Circuit