Summarize the facts of the case
OSHA citations were issued against General Dynamics Land Systems Division in November 1983 following several incidents in which employees at the Detroit Arsenal Tank Plant became ill following exposure to toxic fumes from a solvent used to clean up oil spills in the tanks. A citation charged a violation of an OSHA standard on employee exposure to the solvent freon, and a citation also charged a violation of the general duty clause.
An OSHRC administrative law judge found that General Dynamics had complied with the freon standard. The ALJ decided that the charge alleging a violation of the general duty clause must therefore be dismissed because the specific freon standard preempted the general duty clause. The Secretary of Labor and the UAW asked the D.C. Circuit to review the dismissal of the general duty clause charge against General Dynamics.
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