AUSTIN INDUS. v. OCCUPATIONAL SAFETY & HEALTH

No. 13-60521.

765 F.3d 434 (2014)

AUSTIN INDUSTRIAL SPECIALTY SERVICES, L.P., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Thomas E. Perez, Secretary, Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

August 25, 2014.


Attorney(s) appearing for the Case

Steven Randolph McCown (argued), Russell R. Zimmerer, Esq. , Attorney, Littler Mendelson, P.C., Dallas, TX, for Petitioner.

Amy S. Tryon (argued), M. Patricia Smith , U.S. Department of Labor, Ray H. Darling , Washington, DC, for Respondents.

Before STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.


PER CURIAM.

The Occupational Safety and Health Administration ("OSHA") issued Austin Industrial Specialty Services, L.P. ("Austin") a citation for violations of hazardous-chemical regulations promulgated under the Occupational Safety and Health Act ("Act"). After a hearing, the administrative law judge affirmed two items in the citation — (1) failure to identify and evaluate respiratory hazards in the workplace and (2) failure to provide employee training regarding...

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