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CATERPILLAR LOGISTICS SERVICES, INC. v. SOLIS

No. 11-2958.

674 F.3d 705 (2012)

CATERPILLAR LOGISTICS SERVICES, INC., Petitioner, v. Hilda L. SOLIS, Secretary of Labor, Respondent, and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 2012.

Attorney(s) appearing for the Case

Brent I. Clark (argued), Attorney, Seyfarth Shaw LLP, Chicago, IL, for Petitioner.

Ray Darling, Jr. , Attorney, Occupational Safety & Health Review Commission, Lauren Goodman (argued), Charles F. James , Attorneys, Department of Labor, Office of the Solicitor, Washington, DC, Kevin Koplin , Attorney, Department of Labor, Office of the Solicitor, Chicago, IL, for Respondent.

Stephen A. Yokich (argued), Attorney, Cornfield & Feldman, Chicago, IL, for Intervening Respondent.

Before EASTERBROOK, Chief Judge, BAUER, Circuit Judge, and CHANG, District Judge.

EASTERBROOK, Chief Judge.

A regulation issued under the Occupational Safety and Health Act requires employers to maintain a log of work-related deaths, injuries, and illnesses. 29 C.F.R. § 1904.4(a). Another regulation defines a death, illness, or injury as work-related if "the work environment either caused or contributed to the resulting condition". 29 C.F.R. § 1904.5(a). The phrase "contributed to" presumably means an increase in likelihood. How much...

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