U.S. Court of Appeals for the Eleventh Circuit
U.S. Department of Labor v. Tampa Electric Company
This writing
- Type
- Opinion
- Author
- Kevin Christopher Newsom
- Filed
- June 22, 2022
- Case
- U.S. Department of Labor v. Tampa Electric Company
- Case status
- Decided
Opening text
The first passage of the document, as extracted by the source provider.
USCA11 Case: 21-11681 Date Filed: 06/22/2022 Page: 1 of 10 [PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-11681 ____________________ U.S. DEPARTMENT OF LABOR, Petitioner, versus TAMPA ELECTRIC COMPANY, Respondent. ____________________ Petition for Review of a Decision of the Occupational Safety and Health Review Commission Agency No. 17-2144 ____________________ USCA11 Case: 21-11681 Date Filed: 06/22/2022 Page: 2 of 10 2 Opinion of the Court 21-11681 Before NEWSOM, TJOFLAT, and ED CARNES, Circuit Judges. NEWSOM, Circuit Judge: In this case, we must decide whether the Tampa Electric Company violated OSHA’s Hazardous Waste Operations and Emergency Response standard when employees at one of its power plants responded to an ammonia release without donning certain protective gear. Because we conclude that the release of ammonia at Tampa Electric’s plant wasn’t “uncontrolled” within the mean- ing of the OSHA standard, we hold that the standard didn’t apply to Tampa Electric’s response and, therefore, that Tampa Electric didn’t violate it. I The disposition of this petition for review turns on the inter- pretation and application of O…
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