Jump to Navigation
Jump to Content

Advance Bronze, Inc. v. Dole

ELR Citation: 21 ELR 20512
Nos. No. 89-3688, 917 F.2d 944/(6th Cir., 10/26/1990)

The court holds that substantial evidence supports the Occupational Safety and Health Review Commission's decision to uphold citations against a bronze bearing manufacturer for violations of the Occupational Safety and Health Act standards regulating lead contaminants in the workplace. A 1988 inspection of the manufacturer's nonferrous foundry resulted in an $11,180 proposed penalty for failure to abate violations of the lead standards first cited in 1985. The court first holds that the lead standards apply to the manufacturer's nonferrous foundry. The manufacturer is a member of the nonferrous foundry industry, and the lead standards are applicable to that industry because its members generate metallic lead compounds in a form likely to be inhaled or ingested during the production of castings. Although several provisions in the lead standards were once stayed pending judicial review, the stay ultimately was lifted, and nonferrous industries were allowed to use respirators in addition to engineering and work practice controls to comply with permissible exposure levels. The court next holds that the record adequately supports the determination that the manufacturer violated the lead standards and exposed employees to hazardous conditions. The court holds that substantial evidence demonstrates that the manufacturer failed to comply with requirements pertaining to permissible exposure levels, protective equipment, respirator testing and training, air monitoring, and employee medical examinations and consultations.

Counsel for Petitioner
Robert D. Moran
Moran Associates
919 18th St. NW, Ste. 800, Washington DC 20006
(202) 785-4949

Counsel for Respondents
Ann Rosenthal
U.S. Department of Labor
200 Constitution Ave. NW, Rm. S4004, Washington DC 20210
(202) 523-6610

Before: KEITH and MILBURN. Circuit Judges; and CELEBREZZE, Senior Circuit Judge.