SECRETARY OF LABOR v. BEVERLY HEALTHCARE-HILLVIEW

No. 06-4810.

541 F.3d 193 (2008)

SECRETARY OF LABOR, Petitioner v. BEVERLY HEALTHCARE-HILLVIEW; Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Filed: September 4, 2008.


Attorney(s) appearing for the Case

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

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.

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


OPINION OF THE COURT

FISHER, Circuit Judge.

This case originates from the issuance of two citations by the Occupational Safety and Health Administration ("OSHA") to Beverly Healthcare-Hillview ("Beverly") for failure to compensate employees for travel expenses and non-work time spent receiving treatment pursuant to the Bloodborne Pathogens Standard, which requires employers to make treatment available "at no cost to employees" for occupational exposure to...

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