OSHA Rule May Not Be Reviewable In Court, DC Circ. Says

Law360, Washington (October 21, 2013, 5:01 PM EDT) -- A D.C. Circuit panel on Monday questioned whether it could nix a U.S. Occupational Safety and Health Administration rule that government-mandated hazardous material warnings don't preempt personal injury suits, saying the provision may only be a legal position rather than a regulation.

While the American Tort Reform Association claimed during Monday's oral arguments that OSHA had failed to put the preemption clause of its hazard communication standard through the same rigorous notice and comment period as the rest of the rule, U.S. District Judge Thomas B....
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