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United Steelworkers of Am., AFL-CIO-CLC v. Pendergrass

ELR Citation: 18 ELR 21294
Nos. Nos. 83-3554 et al., 855 F.2d 108/(3d Cir., 08/19/1988) OMB disapproval of new regulations reviewed

The court holds that three additions to the Occupational Safety and Health Administration's (OSHA's) revised hazard communication standard are not subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). In response to a previous order by the court, in 1987 OSHA expanded the applicability of its hazard communication standard, which had previously been limited to the manufacturing sector, to apply to all industries. At the same time, OSHA added three new provisions to the standard. The new provisions require that employers at multi-employer worksites exchange their material safety data sheets, provide an exemption from the labeling requirement for consumer products used in the same manner and quantities intended for consumer use, and provide a labeling exemption for certain drugs regulated by the Food and Drug Administration. The OMB reviewed and disapproved the three additions. The court holds that OMB exceeded its authority under the PRA because the new provisions do not require the "collection of information." One new provision requires only the transmittal, rather than the compilation, of information, and the other two provisions are actually exemptions from informational requirements. The court holds that the new provisions embody substantive policy decisions entrusted to OSHA over which the OMB has no authority. The court also holds that it has jurisdiction to review the OMB's action because the new provisions of the hazard communication standard are a logical outgrowth of the court's earlier order that OSHA expand the standard to reach nonmanufacturing industries. OMB's disapproval of the revisions was therefore inconsistent with the court's earlier order.

[An earlier opinion in this case is published at 15 ELR 20545.]

Counsel for Petitioners
David C. Vladek
Public Citizen Litigation Group
2000 P St. NW, Washington DC 20036
(202) 785-3704

George H. Cohen, Michael H. Gottesman, John Rothchild
Bredhoff & Kaiser
1000 Connecticut Ave. NW, Washington DC 20036
(202) 833-9340

Counsel for Respondent
John R. Bolton, Ass't Attorney General; George R. Salem, Solicitor of Labor
Civil Division, Room 3617
U.S. Department of Justice, Washington DC 20530
(202) 633-3314

Steven J. Mandel, Nathaniel I. Spiller
U.S. Department of Labor
200 Constitution Ave. NW, Washington DC 20210
(202) 523-6623

Counsel for Intervenor
W. Scott Railton
1150 Connecticut Ave. NW, Suite 900, Washington DC 20036
(202) 457-6162

Before Fisher[*] and Kelly,[**] JJ.