Friday, October 24, 2014

D.C. Circuit Upholds OSHA Hazard Communication Standard’s Regulation of Combustible Grain Dust

On October 24, the D.C. Circuit (Henderson, Rogers, Griffith) issued a decision in National Oilseed Processors Association v. OSHA, No. 12-1228.  In 2012, OSHA revised its Hazard Communication Standard, 29 C.F.R. § 1910.1200, which requires employers to communicate with their employees regarding chemical hazards in the workplace.  Among other things, the 2012 Standard designates combustible dust as a hazardous chemical subject to regulation under the Standard.  A group of businesses that handle and process grain and other agricultural products filed a petition for review challenging OSHA’s rule as it applies to combustible grain dust.  The court of appeals denied the petition, holding (a) that OSHA had provided adequate notice in its proposed rule that the Standard would cover combustible grain dust; and (b) that OSHA adequately defined combustible dust in the Standard.

—Todd Aagaard

https://lawprofessors.typepad.com/environmental_law/2014/10/dc-circuit-upholds-osha-hazard-communication-standards-regulation-of-combustible-grain-dust.html

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