Pushing Back Against OSHA's Improper Rulemaking

Law360, New York (August 22, 2012, 12:45 PM EDT) -- The deadline has passed for the U.S. Occupational Safety and Health Administration to appeal a recent decision by an administrative law judge (ALJ) that struck down OSHA’s attempt to expand its personal protective equipment (PPE) standard by way of an enforcement memorandum that mandated oil and gas employers ensure their employees don flame-retardant clothing (FRC) during drilling operations.

The judge ruled that the FRC memo constituted “improper rulemaking under the aegis of an enforcement standard.” See Sec’y of Labor v. Petro Hunt LLC, OSHRCJ, No. 11-0873...
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