Document KzXVmrVk3zDgZRR8XeVrO149o

INTEROFFICE CORRESPONDENCE 0. R. James G. E Jones H. M. Swigert T. W. Bai rd R. D. Bredfcenner G. W. Leary 1. E. Limbocker - R. W. Masters R. L. Mosca . P. D. Simpson L. L. Smi th C. Hysmith C. W. Hartrum L. G. Chandler J. D. Bolton K. F. Hussain R. R. Mako December 21, 1983 J. E. Dawkins C. W. Frisby W. T. Gregg R. W. Hawes 0. P. Osterhout l. E. LIMSOCKER, JR. Safety 6 Security 2 3 '83 Action info. JDS Diary cwc CAG PDH File FSH \0 KrH iio.r LR? DAT C ' LC ^ OSHA EMERGENCY TEMPORARY STANDARD FOR ASBESTOS In our correspondence of November 14, 1983, concerning the above subject, you were notified of the new ETS for asbestos. Now the Fifth Circuit Court of Appeals has stayed OSHA's Emergency Temporary Standard for Asbestos. A hearing date of January 12, 1984 has been set, but OSHA has requested an acceleration of this date. A copy of the 8NA summary is attached for your review. We will keep you advised as action progresses on this subject. DES:sal Attachment D. B. Dunham 06174 447944 Litigation APPEALS COURT DELAYS ASBESTOS ETS; OSHA SEEKS TO ACCELERATE HEARING DATE The l' S. Court of Appeals for the fifth Circuit Nov. 23 granted toe Asbestos information Association's request for a stay of the Occupational Safety and Health Administration's emergency temporary standard covering occupational expo sure to asbestos. The appellate court's order in The Asbestos Informa tion Association. et cl. v-. Occupational Safety and Health Administration. Raymond J. Donovan, et al. t.N'os. 83-4S87, 33-4638, 33-4639. 83-4711) bars the agency from lowering the permissible workplace exposure limit for asbestos to 0.5 fibers per cubic centimeter "pending further order of the court." The three-judge panel in New Orleans set a hearing date of Jan. 12. 1984. and ordered the petitioners and respondent to file simultaneous supplementary briefs by Jan. 3. 1934. Chief Judge Charles Clark and Circuit Judge E. Gradv Joily voted for the stay while Circuit Judge Alvin B. Rubin opposed granting tne industry's motion. On Nuv. 28. OSHA petitioned the appeals court to acceler ate the timetable, asking that tfie agency be permitted to file its brief by Dec. 5 while giving AlA until Dec. 9 to submit its supplemental papers to the court. The hearing would be held on Dec. 15. under the schedule sought bv OSHA. . OSHA Special Assistant for Public Affairs Doug Clark told' SNA that this is an I'emergencv situation." and the agency is anxious to'have it resolved "as quickly as possible" so that the standard can go back Into effect. While OSHA is disap pointed with the court's action, it is confident that "the court will rule in our favor" when the merits of tfie case are heard. Clark remarked. OSHA issued the emergency standard of 0.5 fibers on Nov. 4 requiring employers for the next six months to acnieve tne _reduced exposure leveftHrouglPany fiaimfecomoinationdi~ "^engineering controls, work practices, ana personal protec tive equipment and devices" (Current Report. Nov. 10. pp. 587.- 596). In filing suit against the emergency standard, AlA argued that the rulemaking represented a "precipitous" action based on "the unfounded conclusion that a health 'emergen cy' exists" under the current two fiber per cubic centimeter standard. Current Report '.<6175 447945