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A federal judge has granted the Occupational Safety and Health Administration’s request to dismiss a lawsuit brought against it by workers in the meatpacking industry seeking a writ of mandamus to compel the agency to obtain a court order directing a meatpacking plant “to abate imminent dangers to its employees related to the transmission of COVID-19.” The court determined that the relevant section of the Occupational Safety and Health Act “affords employees relief only in those instances where the Secretary has been presented with a finding of imminent danger by an OSHA inspector and has arbitrarily and capriciously rejected the recommendation to take legal action.”

[To accompany Federal Case Law Update "Judge Dismisses Lawsuit Challenging OSHA’s Enforcement of Pandemic Protocols" from Brooks Animal Law Digest Issue No. 79.]

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