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United Technologies Corp. v. OSHA

ELR Citation: 18 ELR 20231
Nos. No. 87-4143, 836 F.2d 52/(2d Cir., 12/30/1987)

The court holds that the Occupational Safety and Health Administration's amendments to its Hazard Communication Standard were not "promulgated" within the meaning of the Occupational Safety and Health Act until they were published in the Federal Register. The use of both "issued" and "promulgated" in the same sentence in §6(f) of the Act indicates that Congress intended to distinguish between the terms. The Department of Labor's regulation stating that a rule promulgating a standard shall be considered issued when the rule is filed in the Office of the Federal Register clarifies only the meaning of the word "issued," and does not define "promulgation." Moreover, "promulgation" is generally defined to involve publication.

Counsel for Counsel for Petitioner
W. Scott Railton
Reed, Smith, Shaw & McClay
1150 Connecticut Ave. NW, Washington DC 20036
(202) 457-6100

Counsel for Respondent
Allen H. Feldman, Assoc. Solicitor for Special Appellate and Supreme Court Litigation
Department of Labor
200 Constitution Ave. NW, Washington DC
(202) 523-6666

Before Miner and Davis,[*] JJ