U.S. Court of Appeals for the D.C. Circuit

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Case Updates


April 05, 2007

The union withdrew its lawsuit after OSHA issued a final rule on personal protective equipment.

U.S. Chamber files amicus brief regarding union effort to compel OSHA rule regarding personal protective equipment

March 05, 2007

In response to a petition for writ of mandamus filed by the AFL-CIO and UFCW compelling OSHA to issue a rule requiring employers to pay for nearly all personal protective equipment, NCLC filed an amicus brief outlining the serious negative consequences the proposed rule could have on collective bargaining relationships, day-to-day management of the workplace, and employers’ existing methods of purchasing and distributing personal protective equipment. Among other things, NCLC explained that the court could not grant the relief requested by the unions requested because OSHA lacks the authority to issue the proposed rule, which is an economic regulation that has no direct or substantial relationship to employee safety and health.

Amicus brief filed 3/5/07. Court order dated 4/5/07 holding case in abeyance until OSHA issues rule regarding personal protective equipment in November 2007. Joint motion to dismiss granted 12/18/07.

Case Documents