Austin Industrial Spclt Svc v. OSHC, et al, No. 13-60521 (5th Cir. 2014)Annotate this Case
The Occupational Safety and Health Administration ("OSHA") issued Austin Industrial Specialty Services, L.P. a citation for violations of hazardous-chemical regulations promulgated under the Occupational Safety and Health Act. After a hearing, the administrative law judge affirmed two items in the citation: (1) failure to identify and evaluate respiratory hazards in the workplace; and (2) failure to provide employee training regarding certain hazardous chemicals. The ALJ vacated the other three items. The Occupational Safety and Health Review Commission denied discretionary review, and Austin filed a petition in this court, seeking to overturn the administrative law judge's decision on several grounds. Finding no reversible error, the Fifth Circuit denied Austin's petition.