Secretary of Labor v. Delek Refining, OSHRC Docket No. 09-0844 (July 11, 2011). Commission extended the attorney-client privilege to certain reports prepared by third-party experts. In a case of first impression, the Commission established a three-part test for determining whether a third-party expert’s report is protected by the attorney-client privilege.
Secretary of Labor v. Interstate Brands Corporation, OSHRC Docket No. 00-1077 (April 24, 2003). Following a trial, the administrative law judge rejected the Secretary’s argument for machine specific LOTO procedures and accepted IBC’s generalized LOTO program. Moreover, IBC successfully asserted the employee misconduct defense by a supervisor, and all citations were vacated.
Secretary of Labor v. Computer Science Raytheon, OSHRC Docket No. 93-0232 (OSHRC, November 28, 1994). Following the trial, the administrative law judge accepted the affirmative defense of reasonable alternative measures to compliance with a standard and vacated the failure to guard citations.
In re Terra International, Inc., No. 110123 (Iowa Dist. Ct. 3d Jud. Dist. Woodbury Cty., January 24, 1995). Co-counsel in a 10-day televised hearing in a successful challenge to an OSHA inspection warrant.
Chemcentral Corp. et al. v. Occupational Safety and Health Review Commission, Secretary of Labor, et al., No. 97-CI-01384 (Commonwealth of Kentucky, Franklin Circuit Ct., March 30, 1998). For years, federal OSHA has interpreted the PSM standard to cover the blending of flammable liquids. Persuaded the Kentucky Labor Cabinet that federal OSHA’s interpretation of the PSM standard was...
American Petroleum Institute v. Secretary of Labor, Docket No. 00-60124 (5th Cir. April 11, 2000). OSHA had issued two interpretation letters that significantly changed two exemptions to the PSM standard. At the close of the litigation, OSHA withdrew both interpretation letters.