Document XzNV5wpnVBpxXXjL3ZO4peRNR

THE WALL STREET JOURNAL a=SS=SSSS5S^9BSSB8 U.S. Court Rejects Emergency Limit On Asbestos Levels By Joakh 8. Lukin mfflipwMr^nW<ulmnAuiiuL WASHINGTON-A federal appeals coot strode down the Labor Department's emer gency temporary limit on occupations! expo sure to asbestos, wtikk baa tom linked to cancer and respMloty dbeese. - A three-judge panel la New Orleans, con tended that tke department's Occupational Safety and Health Administration failed to present sufficient evidence that an emer gency temporary standard was "necessary ' to alleviate a pave risk of worker deaths durinf a slx-moeth term." The decision upholds the asbestos Indus try's legal challenge to the standard, which was bailed Nov. 4. The same court had ap proved a temporary stay on the expense hmil In late November. The tougher standard. Intended to last six months white a new, permanent rate b de veloped. set maximum workplace expoeure for asbestos at S00.N0 fibers per cubic meter of air. The previous level had been two mil lion fibers per cubic meter. Is the decision, written by Judge 1. Grady Jolly, the court said: "If a dinger b Imminent, It (OSHA) should complete refu te: ntle-maklcg as quickly u possible to de termine tl new standard" ofIKAOO fibers "or even tower b appropriate." Proposal Exported The job-safety agency mid that despite disappointment with the decision It to eonttoulng to expedite rule making for a perma nent standard to lower worker expoeure level to asbestos and expects to publish Its proposal within a month. However, the agency said it tear* the ruling on asbestos means that "It's unlikely the court can suetain amergeney action on other iats-weUdocumented hazards." OSHA already has sought White House Budget Office approval to propose a new. permanent standard of S00.000 fibers per cu bic meter. The court decision "would allow a little added delay" la making that pro posal became there tat a six-month dead line, an OSHA spokesman said. The judges' decision said rejectee oi the temporary standard doesn't mean the court wculd strike down a toucher limit If the jobsafety agency tallows the proper proposal procedures. Trade Group Salt The Asbestod fnformstioB Association, a trade croup, sued OSHA over the emerfency standard became It believed the action was ouMcetaary. But tt supported rev** of astastes exposure leveb through normal rate making. / * OgHA bad debated for vven etoat whether to bsue the temporary affiertm rul ing because of lb poor track record with such emergency standard! in the pait In* drntry group* sued the Jobeafety agency over Ova of the eight emergency standards bned prior to the tougher asbestos Imtt Onto one of these five ratines was fully up held by the courts, a standard limitingexpo sure to acrylonitrile, a cbtmleal mad to . make synthetic rubber, plastics and etber products that has been ttnkad to cancer. I-.**-.a* Fourteen unions had petitioned OSHA for the emergency asbestos ruling, tot wanted the limit rtdneadto 110,000 fibers par table meter of air. Low-leva! expoeure to aibertos has been linked to mtartaris. a tong dtoeaM, and mesothelioma, a cancer of the Untog of the tonga.' --- cn is> THE NSW YORK TIMES, WBDNBSDAY. MARCH 7. 1994 HeadofSafety Agency to Leave JfrUnHl.KDfG WASHINGTON, Much -- Q. Aachtar, director of the OccupattaalSafety and Health Ataiatotxw- dniW MM. Mr. Auditor ordered nwlewe of the agency's standards tton, whohu frequently been criticised byteborunicoaand wivlragaMgmlgUh taction groupe, cotton dust Critics aeoiasd Mb'*yto to water down pntsedon tor be was teetering. ThsffiyaarnmFleridsb tractor said to riooM tears Mnthe B.B. KlMI OOMtX_w Mr. Anchtor dented to wse tearing On several occaalcna Mr.'Aachtar was ordered by Federal judgae to promulgate itaaderds without delay or enforce thoee already la effect Clmtoe With ftMf taouas of crittetoaa of Ms pmtocm- i|g aaaiBwr Mr. deehed aace or tooiass of Ms with the Office of with officials at the Office of Manage mentandBadsatwtaaheeooght to im- yaeenew regulations to govtra devtoee arda to was adwesttm. procactiiw tattle wortert against aw effects ofcotton dust la thte case, the sntoaetovetved approvedofMeatom. ts^SBa&ss: Moat recently to waa eeveraty crib gM--tBaiJL'aWMaBihMMIi QK mft ^BSiOM^itoaAi NBOQB* .tebOntyand staMUty to OSHA. I*vs afttw tor leering ttM ndvtos of Ms V* --K Cx own staff and demining to cedar near xiti etenrterda tor woriten ban* Sthe peettddeathyhns dlbnaide, i ceueee cencer to teat animate. dtnctar*c(apsclal svaote la Florida to ill PfHtdmW --loiioHnimaf-tetratofatotoe--am!at--oaud o*ft*t--eOo- *----- ` ry of Labor Raymond I. praised Mr. Aucbter ha a ' today, saying ha "has been ____ ___ moatrawiMa and affacUva'* tnitoa totbs apetagat UU, Mr. --i tor ccoMopsted m small staff of in- Ihi earning am Prwtdant Raagaa's "coimnltinent to a mere effective Oov. h iapecton aa Mgb-toaard watnirrion prajoctatndon emaniudeatitea with Ugh acctteot records, haring most Indmtrtai caacaens sobjaet city to iwvtewt af thslr uaasl safety rseorda. Mr. Aachwr said thte ayatsa pron tor wsetwn wtaew tt vBMl IwWIVn vft KTe rarijinttan In dtthwnt team. Dr. Ifetey Wolfe, dteoctor of Ralph Natter's PuhUcChtoeo Health Ra- ------ ----------aaldtt meant "good rid. ____ g, "He's bam a neldan ger to wurtfng peonleJf ato. Anchtordtenumad the crtttdm, saying AJiX.1.0. loaders wars at- ttons totdated by Ms lot thi Mast i _ '*"**" Mm in their efforts to defeat ------------ was ml TMn DiputSMl tt tbfl Amricu PMsrattansf Labor and CenSus* an wril as to mow of the A.F.L C.LO.*s own antone who Mow the job wavs done at OSHA and i -- o if c. r__ DOU 06369