Alabama Power Co. v. Occupational Safety & Health Administration

FAY, Senior Circuit Judge:

This action arises from the passage of a standard by the Occupational Safety and Health Administration (OSHA) governing Electric Power Generation, Transmission and Distribution; Electrical Protective Equipment. 59 Fed.Reg. 4320-4476 (1994) (codified at 29 C.F.R. § 1910.269) (the “Standard”). Specifically, petitioners challenge a single provision of the Standard, namely 29 C.F.R. § 1910.269(l)(6)(iii) (the “apparel provision”) which addresses clothing requirements for those employees who may be exposed to the hazards of flames or electric arcs. We find that OSHA…