... Further, Appellants rely on testimony from Dr. Richard Lemen, a former director of the National
Institute for Occupational Safety and Health, discussing such health effects, see NT, February
7, 2007, at 1095, and the agency's recommendation that PCB presence in buildings be ...
... 2007), and the principles of federal preemption. In Arnoldy, a panel of this Court concluded that
the Occupational Safety and Health Act of 1970 ("OSH Act"), 29 USCA §§ 651 et seq., and
regulations adopted pursuant to the OSH Act, preempted a similar state tort law claim. ...
... In Arnoldy, a panel of this Court concluded that the Occupational Safety and Health
Act of 1970 ("OSH Act"), 29 USCA §§ 651 et seq., and regulations adopted pursuant
to the OSH Act, preempted a similar state tort law claim. ...