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National Association of Manufacturers v. U.S. Dep't of Labor
(D.C. Circuit)
Respiratory Protection
The NAM filed a petition for review on 3/6/98 of OSHA's final regulation on respiratory protection. These are new rules, issued 1/8/98, that govern the use of respirators on the job around hazardous materials. NAM member companies met with OSHA 3/16/98 to try to resolve various concerns about language in the final regulation that is either unclear, inconsistent, or violative of privacy protections in other laws. We were also concerned about a new requirement that companies must implement engineering controls as far as feasible to prevent atmospheric contamination. OSHA has approved an enforcement directive that addresses several of the NAM concerns. The case was transferred to the 11th Circuit and consolidated with three other petitions for review, filed by the American Iron and Steel Institute, the American College of Occupational and Environmental Medicine, and the Battery Council International. The Battery Council withdrew its challenge, and, after OSHA approved its new enforcement directive addressing several NAM concerns, the NAM did likewise. The AISI and ACOEM litigation was rejected.
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