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C&W FACILITY SERVICES, INC. v. SECRETARY OF LABOR

No. 20-11789.

22 F.4th 1284 (2022)

C&W FACILITY SERVICES, INC., Petitioner, v. SECRETARY OF LABOR, OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondents.

United States Court of Appeals, Eleventh Circuit.

Filed: January 13, 2022.

Attorney(s) appearing for the Case

Thomas Michael Metzger , Littler Mendelson, PC, Columbus, OH, for Petitioner.

Kristen Lindberg , Leigh Anne Schriever , Charles F. James , Heather R. Phillips , U.S. Department of Labor, Washington, DC, Tremelle I. Howard , Richard Allan Latterell , Office of the Solicitor, US DOL, ATLANTA, GA, for Respondent Secretary of Labor.

John Cerveny , Occupational Safety and Health Review Commission, WASHINGTON, DC, for Respondent Occupational Safety and Health Review Commission.

Before William Pryor, Chief Judge, Grant, and Hull, Circuit Judges.

This petition for review requires us to decide whether the Occupational Safety and Health Review Commission erred when it decided that C&W Facility Services, Inc., violated a regulatory requirement, 29 C.F.R. § 1910.132(a), by failing "to provide and require the use of personal protective equipment ... in the...

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