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BHC NW. PSYCHIATRIC HOSPITAL v. SECRETARY OF LABOR

No. 19-1089.

951 F.3d 558 (2020)

BHC NORTHWEST PSYCHIATRIC HOSPITAL, LLC, d/b/a Brooke Glen Behavioral Hospital, Petitioner v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 2020.

Attorney(s) appearing for the Case

Carla J. Gunnin , Atlanta, GA, argued the cause and filed the briefs for petitioner. Tressi L. Cordaro , Reston, VA, entered an appearance.

Anne R. Godoy , Attorney, U.S. Department of Labor, argued the cause for respondent. With her on the brief were Edmund C. Baird , Associate Solicitor, Charles F. James , Counsel, and Jessica Cole , Attorney.

Before: Pillard and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge.

The Occupational Safety and Health Act's General Duty Clause, enforced by the U.S. Secretary of Labor, requires every employer to provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm to [its] employees." 29 U.S.C. § 654(a)(1). In this case, the Secretary...

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