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STATE EX REL. MOORE v. INDUS. COMM.

No. 95-501.

79 Ohio St.3d 347 (1997)

THE STATE EX REL. MOORE, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 6, 1997.

Attorney(s) appearing for the Case

Siferd & Reed, L.P.A., Richard E. Siferd and Victoria U. Maisch, for appellant.

Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee Industrial Commission of Ohio.

Vorys, Sater, Seymour & Pease and Robert E. Tait, for appellee Midwest Elastomers, Inc.

Per Curiam.

Ohio Adm.Code 4121:1-5-22(A) reads:

"Confined spaces

"(A) No employee shall be required to enter into any confined space unless a confined space entry procedure, incorporating one of the following, is used (see appendix to this rule for recommended entry procedures):

"(1) Air sampling shall be performed by qualified, trained personnel prior to and periodically during occupancy...

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