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SECRETARY OF LABOR v. SEWARD SHIP'S DRYDOCK, INC.

No. 18-71216.

937 F.3d 1301 (2019)

SECRETARY OF LABOR, U.S. DEPARTMENT OF LABOR, Petitioner, v. SEWARD SHIP'S DRYDOCK, INC., Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2019.

Attorney(s) appearing for the Case

Louise McGauley Betts (argued), Senior Attorney; Charles F. James , Counsel for Appellate Litigation; Edmund C. Baird , Acting Associate Solicitor of Labor for Occupational Safety and Health; Kate O'Scannlain , Solicitor of Labor; United States Department of Labor, Washington, D.C.; for Petitioner.

No appearance by Respondent.

Before: A. Wallace Tashima, William A. Fletcher, and Marsha S. Berzon, Circuit Judges.

OPINION

We are asked to interpret a provision of the Respiratory Protection Standard ("Standard"), promulgated under the Occupational Safety and Health Act of 1970. 29 C.F.R. § 1910.134. Section 1910.134(a)(2) of the Standard provides, "A respirator shall be provided to each employee when such equipment...

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