Document qO6RV4zMb95VNgzZ4R9w746k

Lead Industries Association, Inc 292 Madison Avenue Naw York, N. Y. 10017 Telephone: (212) 532 2373 Environmental Health Department March 1, 1979 TO: Members of the LIA Board of Directors All Official Members of the Lead Industries Association, Inc. Members of the LIA Environmental Health Committee FROM: Donald R. Lynam, Ph.D. SUBJECT: STAY OF OSHA OCCUPATIONAL STANDARD FOR LEAD We are very pleased to inform you that the Court of Appeals for the District of Columbia Circuit has issued a partial stay of the OSHA Lead Standard. The Court's action on the stay request of LIA and a number of individual companies and other groups was announced on Thursday, March 1,-1979. The stay prevents the more expensive items of the Standard from going into effect until the judicial review of the Standard has been completed by the Court of Appeals for the District of Columbia Circuit. The challenge to the Standard is scheduled to be heard during the September, 1979 session of the Court-Requirements relating to engineering controls, con struction of facilities, multiple physician review, and revision of work practices are pro hibited by the stay from going into effect. Items which are not included in the stay include the permissible exposure limit of 50 ug/m3 which can be met by use of respirators, medical surveillance except that determination of zinc protoporphyrin is not required, medical re moval protection, training programs, and record keeping. The effective date of the Standard is March 1, 1979. This date should be utilized in de termining the dates for meeting provisions of the Standard which are not included in the sta] A copy of the complete Order to the Court is enclosed. Sincerely, Donald R. Lynam, Ph.D. Assistant Director, Environmental Health Enclosure cc: ILZRO Lead Environmental Health Conmittee L IA03A92 N 3732 Utmfefc ^fafcs (fsmrf of appeals *C THE ClVTR*CT or COUMMA CIRCUIT NO. 75-1048 thited Stael&arkeis of America, im1cCio-aC' Petitioner v. Kay Marshal, Secretary of Labor, ' Respondent and consolidated cases September Term, 1978 touted Steles Court of Appeals - ftr ft* Kiiiitf of CcLnlM tkvA mis &ab i m GEORGECLEAR.K FISHER Before: Wright, Chief Judge; *7&mi and Mad&nevxi, Circuit Judges ORDER Indjstry petitioners have mowed for a stay q the Occupational Exposure to Lead, Final Standard, 29 C.F.R. *1910.1025. The stay .is opposed by pociLicr.er United Steelworkers, intervenes- United Automobile Workers, and respondent Secre tary of Labor. On February 23, 1979, the Court called for additional renoranda from the parties and then directed oounsel for all parties to confer with the Chief, Staff Counsel at the Court on February 27, 1979, to explore the possibility of art agreement an conditions for a stay. Respondent has voluntarily stayed the application of the standard through March 1, 1979, to permit the Court to' consider these matters. On consideration, of the papers filed by the parties, aid the discussions at conference, a partial stay of the standard will be ordered. The objective of the stay is to defer the requirements that employers underrake the expense of engineering controls, revision of work practices, end construction of facilities pending determination of their challenge to the standard. At the same tire. the Court has concluded that portions of the standard which will provide protection Co esployees during the pendency of judicial review should go into effect, as Mt forth in the order. LIA03A93 N 3732.01 ISmSsh 0ia$es M&nvt nf r$* rut otitmcr o* couvmeu cmcwn weals; No. 79-1048, et al. -2- September Term, 19 78 It is therefore ORDERED that (1) The motion to stay the application of 29 C.F.R. 1910.1025(c). governing the permissible exposure limit, is denied with one exception; to wit, the reference in paragraph (c)(3) to paragraph (f), which governs respiratory protection, shall incorporate only those portions of paragraph (f) not stayed by this order. (2) The notion to stay the application of 29 C.F.R. 1910.1025(d), governing exposure monitoring, is denied. (3) The motion to stay the application of 29 C.F.R. 1910.1025(c)(1), which provides for compliance by engineering and work practice controls, is granted. XXrring the period of this stay respondent's present lead exposure standard, 29 C.F.R. 1910.1000, Table Z-2, shall remain in effect. The motion to stay the application, of 29 C.F.R. 1910.1025(e)(2), which provides for respiratory protection, is denied except that the reference to paragraph (f) shall incorporate only those portions of that paragraph not stayed by this order. The provisions of 29 C.F.R. 1910.1025(g)(3), governing written compliance programs, are stayed except for paragraph (F). The remaining portions of 29 C.F.R. 1910.1025(e) are stayed. 0 (4) The motion to stay the application of 29 C.F.R. 1910.1025(f) is denied except it is granted with respect to paragraph (f)(2)(ii). During the period of the stay employers shall provide a pewered, air-purifying respirator in* lieu of the respirator specified in Table II of (f) (2) (i) when, the physical characteristics of the employee are such that the respirators specified in Table II are inadequate for his or her protection. * *-(5) The motion to stay the application of 29 C.F.R. 1910.1025(g), governing protective work clothing and equipment, is denied except that the effective date of this section shall be thirty (30) days from this order. The purpose of this extension is to provide etrployers a period of time both to inplencnt paragraph (g) end.apply to respondent for relieftheir circumstances warrant variances. (8) the motion to stay the application of 29 C.F.R. 1910.1025(h), governing housekeeping, is denied. The effective date of tills section shall be thirty (30) days from this order to the extent that enployers trust aoquire vacuum to cccrpLv with it. During the extended period employers may apply to respondent for relief if their circumstances warrant variances. (7) The motion to stay the application of 29 C.F.R. 1910.1025(i), governing hygiene facilities and practices, is granted to the extent this section requires the construction of new facilities or substantial renovation of existing facilities. The provisions in paragraph (1) (6) are stayed. Otherwise, stay of section 1910.1025 (i) is denied. LIAC34S4 *. Nol 79-1048, ;et i. -s- September Term, 19 78 . ($) notlca to stay the application of 29 C.F.R. 1910.1025(j), governing medical surveillance, is denied, except it is granted: (1) with respect to the requirements irv paragraph (j)(2) that employers conduct biological ireni.coring of inc protoporphyrin and in paragraph (i)(3)'(ii)(D) that they'conduct radical examinations for xinc protoporphyrin; and (2), with respect to the multiple phvsicah ttsviev; mechanism established by 29 C.F.R. 1910.1025(j)(3)(iii) and referred to* els%foere in the standard. 9) The motion to stay the Application of 29 C.F.R. 1910.1025(h), radical removal protection, 29 C.F.R. 1910.1025(1), training programs, and 1910.1025(n), record keeping is denied. * ".<10) The motion to stay the application of 29 C.F.R. 1910.1025(m), si^ts. Is granted pursuant to the stipulation of counsel. (11) the motiai to stay the applicaticn of 29 C.F.R. 1910.1025(r). startup dates, 'is denied except to the extent that the obligations listed in that section are hereinbefore stayed. The effective date for the Occupational Exposure to Lead Final Standard, 29 C.F.R. 1910.1025, shalLbc March 1, 1979. ` (12) The motiCn to stay the application of all other sections .of the standard not specifically mentioned in this order is denied. , (13) The subject cases shall be expedited and the clerk is directed to calendar for argument during the September 1979 sitting of this Court. (14) Qi the basis of their briefs an the merits and their experiences during the pendency of the stay, the parties may move for a modification of this order by the panel assigned to consider the caries of these cases. Respondent shall keep a record of all requests for variances and his disposition of these requests. Respondent's records in respect to requests for variances shall be available on request to comsel in these cases lor their use in moving to modify this order, if they elect to do so. Per Curiam LIA 0 3 49 5 ^Circuit Judge Tanm did not participate in the foregoing order.