Silica Decision - U. S. Court of Appeals, 6th Circuit

In a published decision, a panel of the U.S. Court of Appeals for the Sixth Circuit (Wellford, Siler, Batchelder) has affirmed a decision of the Occupational Safety and Health Review Commission, concluding: (1) that the Secretary's method of calculating workplace exposure to silica under §1910.1000(c), Table Z-3, derives from a reasonable interpretation of that regulation; and (2) that the employer had fair notice of the Secretary's methodology for determining such exposure exceeds the permissible exposure limit.