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Tampa Electric Prevails in Worker Safety Case at 11th Circuit

June 23, 2022, 7:09 PM

OSHA wrongly cited Tampa Electric Co. for violating a federal rule intended to protect workers from exposure to uncontrolled releases of toxic ammonia gas, a federal appeals court in Atlanta has ruled.

The US Court of Appeals for the Eleventh Circuit found in a 3-0 opinion that the standard the US Occupational Safety and Health Administration cited didn’t apply to the ammonia incident in May 2017.

“We hold that the release here was controlled—or, in the words of the regulation, that it wasn’t ‘uncontrolled,’” said the opinion issued Wednesday. Because the release wasn’t uncontrolled, the response to it wasn’t an ...