Kemp v. Volunteers of America of Pennsylvania, Inc.
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The ARB clarified the coverage of the CAA in comparison to the OSH Act.
What Happened in Court
The ARB examined an employee’s allegation of retaliation after complaining to his employer about the existence of asbestos in the basement of the workplace. The ARB determined that the CAA did not apply because the employee did indicate that he thought that asbestos posed a threat to the air outside of the building. The case assists counsel and employees by clarifying the potential overlap between the CAA and OSH Act.