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The NAM and the U.S. Chamber of Commerce filed a joint amicus brief 12/16/03 opposing an effort by the United Auto Workers to force OSHA to promulgate regulations governing the use of various metalworking fluids. We argued that OSHA has discretion to decide whether to issue a regulation and is not forced to do so by an inconclusive advisory committee report. On 3/22/04, the Third Circuit ruled that even though an advisory committee recommends a standard, the Secretary of Labor still has statutory authority to exercise her discretion not to promulgate one. It was neither arbitrary nor capricious for the Secretary to set other priorities for OSHA rulemakings that deal with more serious health and safety issues. Metalworking fluids come in a variety of types, numerous combinations and many forms, and sorting out the differences and effects would consume an enormous amount of OSHA's time and resources. A union cannot demand, and the courts will not require, that OSHA undertake such an exercise except in "rare and compelling circumstances."