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11TH CIRCUIT FINDS OSHA'S 1989 AIR CONTAMINANTS STANDARD FLAWED

 11TH CIRCUIT FINDS OSHA'S 1989 AIR CONTAMINANTS STANDARD FLAWED
 WASHINGTON, July 9 /PRNewswire/ -- Crowell & Moring issued the following:
 The United States Court of Appeals for the 11th Circuit has determined that the Occupational Safety and Health Administration's (OSHA) Air Contaminants Standard for 428 toxic substances, issued Jan. 19, 1989, is flawed because OSHA failed to justify the exposure standard for each substance individually. The standard regulated workplace exposure to these substances in most of American industry.
 In American Federation of Labor and Congress of Independent Organizations v. Occupational Safety and Health Administration, United States Department of Labor, the court said: "OSHA has lumped together substances and affected industries and provided such inadequate explanation that it is virtually impossible to determine if sufficient evidence supports the agency's conclusions." The court further stated that OSHA must obtain an amendment to the OSH Act if it wishes to issue worker exposure standards using the procedures it followed in this rule.
 In successfully arguing for the industry petitioners (American Iron and Steel Institute), Richard Schwartz of the Washington law firm of Crowell & Moring said: "OSHA failed to use the best scientific data available for each of the 428 substances when issuing its omnibus air contaminants regulations. Most of the contamination levels specified in the regulations were not based on careful scientific or technical analysis."
 Congressional action is expected to follow the ruling.
 -0- 7/9/92
 /CONTACT: Rose Licht for Crowell & Moring, 202-337-5990/ CO: Crowell & Moring; Occupational Safety and Health Administration ST: District of Columbia IN: SU: :END


KD -- DC027 -- 8069 07/09/92 17:58 EDT
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Date:Jul 9, 1992
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