Trinity Industries, Inc. v. Occupational Safety & Health Review Commission

REYNALDO G. GARZA, Circuit Judge:

BACKGROUND

Trinity Industries operates plants that manufacture and repair railcars. Trinity also “lines” new “hopper” railcars by spraying their insides with a chemical coating designed to seal and protect the interior of a railcar. Absent proper ventilation, this lining process has the potential to create a hazardous atmosphere inside the railcar. A hazardous atmosphere is defined as one that is oxygen deficient or which contains toxic levels of a hazardous gas or dust of flammable vapors in excess of ten percent of the lower flammable limit (LFL) or lower…