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National Ass'n of Mfrs. v. Occupational Safety & Health Admin.

ELR Citation: 37 ELR 20109
Nos. No. 06-1122, (D.C. Cir., 05/11/2007)

The D.C. Circuit dismissed a petition for review of the addition of several chemicals to a list of dangerous chemicals published by a private group of industrial hygienists. Industry groups argued that publication of the privately created list effectively amended the OSHA's Hazard Communication Standard without notice and comment. But references to the "latest edition" of the hygienists' list have been part of the standard for some 20 years. The amendments, therefore, did not modify the standard, and the petition is untimely.