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ALABAMA POWER CO. v. O.S.H.A.

No. 94-3065.

89 F.3d 740 (1996)

ALABAMA POWER COMPANY, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, Petitioners, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION, United States Department of Labor, Respondents, International Brotherhood of Electrical Workers, AFL-CIO, Utility Workers of America, AFL-CIO, National Rural Electric Cooperative Assoc., Intervenors.

United States Court of Appeals, Eleventh Circuit.

July 26, 1996.

Attorney(s) appearing for the Case

Mark Booz, Troutman Sanders, Atlanta, GA, for Petitioners.

Charles F. James, Office of the Solicitor, U.S. Dept. Labor, Occupational Safety & Health Admin., Washington, DC, for Respondents.

Elihu I. Leifer, Stephen E. Coye, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, DC, for Intervenor IBEW.

Arthur J. Chmiel, Monongahela Power Co., Legal Services, Fairmont, WV, for Amicus Monongahela Power Co., The Potomac Edison Co., and the West Penn Power Company (The Companies).

Before CARNES, Circuit Judge, and FAY and GIBSON, Senior Circuit Judges.

FAY, Senior Circuit Judge:

This action arises from the passage of a standard by the Occupational Safety and Health Administration (OSHA) governing Electric Power Generation, Transmission and Distribution; Electrical Protective Equipment. 59 Fed.Reg. 4320-4476 (1994) (codified at 29 C.F.R. § 1910.269) (the "Standard"). Specifically, petitioners challenge a single provision of the Standard, namely 29 C.F.R. § 1910.269(1)(6)(iii) (the "apparel provision") which...

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