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ALBEMARLE CORP. v. HERMAN

No. 99-60425.

221 F.3d 782 (2000)

ALBEMARLE CORPORATION, Petitioner, v. Alexis M. HERMAN, Secretary of Labor, U.S. Department of Labor; Oil, Chemical & Atomic Workers International Union; Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

August 7, 2000.

Attorney(s) appearing for the Case

Stephen Charles Yohay (argued), Arthur G. Sapper, McDermott, Will & Emery, Washington, DC, for Petitioner.

Elizabeth Hopkins (argued), Allen Howard Feldman, U.S. Dept. of Labor, Washington, DC, for Herman.

Ray H. Darling, Executive Secretary, OSHA, Henry L. Solano, Sol., U.S. Dept. of Labor, Office of the Sol., Washington, DC, for Occupational Safety and Health Review Com'n and Herman.

Robert Wilson Rickard, Swearingen, Clark & Moore, Houston, TX, for Oil, Chemical & Atomic Workers Intern. Union.

Before REAVLEY, DAVIS and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Concerning three OSHA citations for violations at Albemarle Corporation's chemical plant of then new process safety management standards, 29 C.F.R. § 1910.119, at issue are: the level of detail required by subpart (f)(1) for written operating procedures; whether Albemarle violated subpart (f)(4), which requires safe work practices; and whether an operator's failure to perform operating procedures without assistance demonstrates...

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