Appeals Court Decision Cements Case Law On Deference To OSHA In Reg Interpretations

A recent federal appeals court decision reinforces what experts say is the Labor Department's longstanding position, backed up in court, that OSHA should be given deference in interpreting its regulations if both OSHA and the Occupational Safety and Health Review Commission (OSHRC) offer competing but reasonable interpretations of the standard in question -- though there may be outstanding constitutional questions about fair notice, and it remains unclear whether the employer plans to appeal the case further.