United States DC Circuit

Petitioner's petition for review of an OSHA decision regarding the use of reusable blood tube holders is denied, where OSHA did not reinterpret its previously issued guidance documents, and thus it was not required to engage in notice and comment rulemaking before issuing its decision.

Appellate Information

• Argued 11/17/2008
• Decided 04/03/2009
• Published 04/03/2009

Judges

• Before:  GINSBURG and HENDERSON, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Brent I. Clark argued the cause for petitioner.   With him on the briefs were James L. Curtis, and Elizabeth L. Ash. Lawrence P. Postol entered an appearance.


• For Appellees:
  
• Jonathan L. Snare, Attorney, U.S. Department of Labor, argued the cause for respondent.   On the brief were Joseph M. Woodward, Associate Solicitor, Charles F. James, Counsel for Appellate Litigation, and Scott Glabman, Senior Appellate Attorney.