On September 28, 2018, the independent Occupational Safety and
Health Review Commission (OSHRC) agreed with Ogletree
Deakins’ argument that the Occupational Safety and Health
Administration’s (OSHA) standard requiring emergency
eye-flushing and body-washing facilities on construction sites is
invalid.
Ogletree Deakins (appearing through this writer) represented a
construction company that allegedly had violated 29 C.F.R.
§ 1926.50(g), the eyewash and shower standard, because in
OSHA’s opinion the company’s eyewash stations were not
close enough to construction work using certain substances. The
company disputed this and contested the citation. Among its
arguments was that the construction eyewash standard had not been
validly adopted.
