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DARLING INGREDIENTS v. OSHRC

No. 22-60466.

84 F.4th 253 (2023)

DARLING INGREDIENTS, INCORPORATED, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Martin Walsh, Secretary, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED October 6, 2023.

Attorney(s) appearing for the Case

Juliana Connolly Gaige (argued), Jackson Lewis, P.C., Houston, TX, for Petitioner.

John X. Cerveny , Occupational Safety & Health Review Commission, Washington, DC, for Respondent Occupational Safety and Health Review Commission.

Jessica Matthis (argued), Heather Renee Phillips, U.S. Department of Labor, Office of the Solicitor, Washington, DC, Louise McGauley Betts, Esq. , U.S. Department of Labor, Washington, DC, Seema Nanda , William W. Thompson , Office of the Solicitor, Occupational Safety & Health Division, Washington, DC, for Respondent Secretary, U.S. Department of Labor.

Before Jones, Clement, and Haynes, Circuit Judges.

Two people were killed while unclogging a machine at a chicken-rendering plant. When the Occupational Safety and Health Agency investigated, it found that the plant's "lockout/tagout" procedures did not "clearly and specifically outline" how to safely work on the machine, so it cited the plant's owner. Because...

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