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National Oilseed Processors Ass'n v. Occupational Safety & Health Administration

ELR Citation: 44 ELR 20237
Nos. 12-1228, (D.C. Cir., 10/24/2014)

The D.C. Circuit denied a petition for review seeking vacatur of an OSHA rule, the Hazard Communication Standard, as it applies to combustible dust. The Hazard Communication Standard requires employers to develop a program for classifying the dangers of workplace chemicals and conveying those dangers to their employees. Petitioners argued they were not provided notice of and an opportunity to comment on the possible inclusion of combustible dust from grain in the rule. But OSHA gave adequate notice that combustible dust would be regulated when it proposed treating combustible dust as an “unclassified hazard” subject to the rule’s requirements. Nor did OSHA fail to provide a clear, consistent definition of "combustible dust." The court also rejected petitioners' argument that OSHA violated the Due Process Clause because the rule is unconstitutionally vague on its face. The term "combustible dust" is clear enough to provide fair warning of enforcement, and OSHA provided additional guidance on how the revised Hazard Communication Standard will be enforced.