Pratt & Whitney Aircraft v. Secretary of Labor

The Occupational Safety and Health Administration (OSHA) cited Pratt & Whitney Aircraft (Pratt) (plaintiff) with violating the general-duty clause of the Occupational Safety and Health Act (act) by storing large quantities of acids and cyanides in a common, indoor, bulk-chemical storage facility. The storage areas for the acids and cyanides were separated by a partition, and there was one-quarter inch clearance between the partition and the floor such that liquids could pass under the partition to reach a single drain located on the side where the cyanides were stored. If combined, the acids and cyanides would form hydrogen cyanide (HCN), a lethal gas. The secretary of labor (secretary) (defendant) alleged that the recognized hazard with which the citation was concerned was HCN formation. However, there was no evidence that HCN had ever formed in Pratt’s facility, and the formation of HCN gas in the facility could have resulted only from a series of disconnected and unlikely events. The secretary’s expert testified that he had visited 300 to 400 plants that stored both acids and cyanides and observed only two that had a common drain. After a hearing before an administrative-law judge and review by the Occupational Safety and Health Review Commission (commission), Pratt sought judicial review, arguing, among other things, that its storage method did not violate the general-duty clause.