Environmental -- 2018

Airborn, Inc. v. OSHA   (8th Circuit)

Challenging OSHA's beryllium standard

On January 9, 2017, OSHA promulgated a final rule adopting three new standards regulating beryllium. The NAM and allied associations filed a petition with OSHA for an administrative stay of the rule and to reopen the rulemaking record. This and other challenges to the rule were consolidated in the U.S. Court of Appeals for the Eighth Circuit for further proceedings.

Additionally, the NAM requested that the effective date of the standards be delayed for six months, and that the agency re-open the rulemaking record to allow comment on the substantial changes made between issuance of the proposed rule and adoption of the final rules, and to allow the new Secretary of Labor to take office and have adequate time to consider the standards in accordance with new policy to freeze and review all holdover regulations.

On April 24, 2018, OSHA settled the NAM's legal challenge by agreeing to undertake a new rulemaking to propose and implement sweeping changes to the regulation that will benefit companies that manufacture and use beryllium.

Related Documents:
NAM Motion  (June 23, 2017)
NAM petition  (February 9, 2017)


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