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Both Sides in Construction Eye Safety Case Unhappy, Appeal Ruling

Nov. 21, 2018, 4:54 PM

Labor Secretary Alexander Acosta and an Omaha, Neb., construction firm both want federal appeals courts to weigh in on a federal safety commission decision that invalidated a decades-old construction rule on eye and skin safety.

The case is the first to challenge the Occupational Safety and Health Administration’s practice in the early 1970s of applying manufacturing requirements to regulations for the construction industry without going through a public comment period for those new construction rules.

The Labor Department and Kiewit Power Constructors Co. have each requested separate federal courts to review a final decision issued by the U.S. Occupational Safety ...