5th Circuit Weighs ‘Industry Custom’ Defense In Machine-Guarding Appeal

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October 16, 2024 at 06:15 PM
The U.S. Court of Appeals for the 5th Circuit is weighing an enforcement appeal about the bar employers must clear to show compliance with OSHA’s machine-guarding standard, including whether they can rely on evidence that their safety practices are in line with “industry custom” -- a claim that an attorney for the agency said at oral argument could “eviscerate the OSH Act” if judges back it.