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Trinity Inds., Inc. v. Chao
(5th Circuit)
Specific standard prevails over general OSHA standard
The NAM and the Shipbuilders Council of America filed an amicus brief 10/9/03 supporting Trinity's appeal of an adverse decision by the Occupational Safety & Health Review Commission relating to a citation involving hot work in a confined space. OSHA cited the company under a general standard, while its regulations say that if a particular standard is "specifically applicable" to a practice, then the particular standard prevails over any different general standard. We argued that particular standards should prevail over general standards for good reasons: particular situations may involve different feasibility, cost-benefit and significant-risk considerations, and specific standards give employers greater notice of their requirements. On 7/23/04, the Court denied the appeal, ruling that the general standard covered more than the specific and was not preempted to that extent.
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