Also, OSHA has been told by Congress to keep its hands off of farm grain storage operations with 10 or fewer employees.
The three-judge panel on the court made an incredible admission when it suggested it has difficulty with such cases involving dust from agricultural products. It said such regulations are "…rooted in inferences from complex scientific and factual data, which often necessarily involve highly speculative projections of technological development in areas wholly lacking in scientific and economic certainty."
Gary H. Baise is a principal at OFW Law (Olsson Frank Weeda Terman Matz P.C.). This article first appeared in Farm Futures magazine. The opinions presented here are expressly those of the author. For more information, go to www.OFWlaw.com.