Labor Dept. Wins Courthouse Race in Appeal of Safety Panel Case

The Labor Department filed its appeal of a workplace safety panel ruling before an oil refining company did, so the court where DOL filed will hear the case, the U.S. Court of Appeals for the Fifth Circuit ruled Aug. 8.

The Tenth Circuit will hear the appeal because the Labor Department filed its petition there nearly three hours before Wynnewood Refining Co. filed in the Fifth Circuit, the court said.

Both DOL and Wynnewood disagreed with the findings and $58,000 penalty laid out by the Occupational Safety and Health Review Commission earlier this year. The Labor Department wanted the ...