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MATTER OF GOLDSTEIN v. NEW YORK STATE INDUSTRIAL BOARD OF APPEALS

292 A.D.2d 706 (2002)

740 N.Y.S.2d 463

In the Matter of RONALD GOLDSTEIN et al., Respondents, v. NEW YORK STATE INDUSTRIAL BOARD OF APPEALS et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 14, 2002.

Crew III, J.

Pursuant to the Occupational Safety and Health Act (29 USC § 651 et seq. [hereinafter OSHA]), states are required, as a condition to obtaining federal funding, to submit a plan for the development of occupational safety and health standards for public employees (see, 29 USC § 667 [b]). A state's plan in this regard will be approved if, inter alia, it "contains satisfactory assurances that such State will, to the extent permitted...

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