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MANUA'S, INC. v. SCALIA

No. 18-1307.

948 F.3d 401 (2020)

MANUA'S, INC., d/b/a Manua's Discount Store, Petitioner v. Eugene SCALIA, Secretary of Labor, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 2020.

Attorney(s) appearing for the Case

Daniel E. Mooney argued the cause for petitioner. With him on the briefs was John D. Seiver , Washington, DC.

Susannah Maltz , Attorney, U.S. Department of Labor, argued the cause for respondent. With her on the brief were Edmund C. Baird , Associate Solicitor of Labor for Occupational Safety and Health, and Heather R. Phillips , Counsel for Appellate Litigation. Louise M. Betts , Attorney, entered an appearance.

Before: Rogers and Srinivasan, Circuit Judges, and Silberman, Senior Circuit Judge.

The Occupational Safety and Health Act delegates to the Secretary of Labor, acting through the Occupational Safety and Health Administration ("OSHA"), the authority to promulgate and enforce mandatory occupational safety and health standards. 29 U.S.C. § 651(b)(3). OSHA enforces those standards by inspecting workplaces...

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