Third Circuit -- Secretary of Labor v. ConocoPhillips Bayway Refinery

Secretary of Labor v. ConocoPhillips Bayway Refinery

 Company fined by DOL for asbestos violations, but reversed by OSHA Commission, which held that the Department  must identify the case-specific scenario for asbestos harms. 

The Court here reverses the Commission, holding that where the company has actual or constructive knowledge of the violation, violates standards, and engages in work presumed to pose a danger of asbestos release, no case-specific evidence need be adduced.