Eighth Circuit Rejects OSHA's Attempt To Expand The Scope Of Its Machine Guarding Standard

In a review of an Occupational Safety & Health Review Commission (OSHRC) decision, the U.S. Court of Appeals for the Eighth Circuit ruled this week to vacate a $490,000 penalty for failure to employ machine guards to prevent the ejection of a workpiece in a catastrophic breakdown of a lathe. Perez v. Loren Cook Company, No. 13-1310, __ F.3rd __ (8th Cir. October 13, 2015).

In its decision, the Court agreed with the OSHRC and its Administrative Law Judge (ALJ), which concluded that 29 CFR § 1910.212(a)(1) focuses on "point-of-contact risks and risks associated with the routine operation of lathes, such as flakes and sparks," but the rule does not contemplate the catastrophic failure of a lathe that would result in a workpiece being thrown out of the lathe. The ALJ vacated the Occupational Safety & Health Administration's (OSHA's) citation issued against Loren Cook Company, and the OSHRC adopted the unmodified recommendation of the ALJ. Disagreeing, the Secretary of Labor petitioned the Court for review of the OSHRC order arguing that the Court should defer to OSHA's interpretation of the standard. The Court denied the Secretary's petition for review and affirmed the OSHRC's order.

In its discussion, the Court noted that "we generally afford substantial deference to the Secretary's interpretation of his own regulations." "But deference to the Secretary's interpretation is only appropriate when both the interpretation itself and the manner in which the Secretary announces the interpretation are reasonable." The Court relied on and cited to Martin v. Occupational Safety & Health Review Comm'n, 499 U.S. 144, 157-58 (1991). The Court cited Supreme Court precedent that deference to an Agency's interpretation is inappropriate when the interpretation is "'plainly erroneous or inconsistent with the regulation.'" Auer v. Robbins, 519 U.S. 452, 461 (1997) (quoting Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 359 (1989)). Also, deference is inappropriate "when there is reason to suspect that the Agency's interpretation 'does not reflect the agency's fair and considered judgment on the matter in question.'" Christopher v. SmithKline...