New York, New York Eye Wash Exposure and Eye Wash Facilities OSHA ALJ Trial

We represented Home Depot in contesting an OSHA citation in New York where OSHA alleged that the retailer lacked suitable eye wash facilities for treating employees who could supposedly get chemicals in their eyes while cleaning up spills of consumer products in the garden department. We, among other things, challenged whether the agency could meet its burden to prove exposure to any hazardous chemical that would require a 15-minute continuous flush eye wash station. Our efforts resulted in the Secretary of Labor withdrawing the citation on the eve of trial, resulting in a complete victory for Home Depot.

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