United States DC Circuit

In a petition for review of the Secretary of Labor's amendment of rules under the Occupational Safety and Health Act to clarify that an employer's failure to provide respirators or workplace training constituted not one violation of the applicable health and safety standards, but separate violations for each employee who did not receive the respirator or training, the petition is denied where petitioners failed to recognize that to define the violation was to define the unit of prosecution.

Appellate Information

• Argued 11/05/2009
• Decided 04/16/2010
• Published 04/16/2010

Judges

• Before TATEL and KAVANAUGH, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Arthur G. Sapper argued the cause for petitioners. With him on the briefs were James A. Lastowka, Duane J. Desiderio, Robin S. Conrad, and Quentin Riegel.


• For Appellees:
  
• Ronald J. Gottlieb, Attorney, U.S. Department of Labor, argued the cause for respondents. With him on the brief were Carol A. De Deo, Deputy Solicitor, Joseph M. Woodward, Associate Solicitor, and Michael P. Doyle, Attorney. Charles F. James, Attorney, U.S. Department of Labor, entered an appearance., Victoria L. Bor argued the cause for amici curiae AFL-CIO and Building and Construction Trades Department, AFL-CIO in support of respondent. With her on the brief were Jonathan Hiatt and Lynn K. Rhinehart.