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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Administrative: OSHRC – Citation Policy – Agency Regulation

Administrative: OSHRC – Citation Policy – Agency Regulation

Where the Occupational Safety and Health Review Commission held that the Secretary of Labor's "controlling employer citation" policy violated an agency regulation, the OSHRC abused its discretion because the plain language of the agency regulation does not preclude the policy. Petition granted; order vacated and remanded. A ‘misinterpretation' Dissenting opinion by Beam, J.: "I disagree...with the court's ...