ASSOCIATED BUILDERS and CONTRACTORS, INC., Petitioner,
v.
William E. BROCK, Secretary of Labor, and John A. Pendergrass, Assistant Secretary for Occupational Safety and Health, and the Occupational Safety and Health Administration, United States Department of Labor, Respondents,
National Association of Home Builders, American Subcontractors Association, American Fire Sprinkler Association, Associated Specialty Contractors, Association of the Wall and Ceiling Industries-International, Insulation Contractors of America, Mason Contractors Association of America, Mechanical Contractors Association of America, National Association of Cold Storage Contractors, National Association of Plumbing, Heating and Cooling Contractors, National Electrical Contractors Association, National Glass Association, National Insulation Contractors Association, National Roofing Contractors Association, National Utility Contractors Association, Painting and Decorating Contractors of America, and the Sheet Metal and Air Conditioning Contractors National Association (all of the above herein referred to as the Construction Industry Trade Associations) United Technologies Corporation, Associated General Contractors of Virginia and the Associated General Contractors of America, Building and Construction Trades Department, AFL-CIO, United Steelworkers of America, AFL-CIO, CLC, National Paint and Coatings Association, National Grain and Feed Association, Inc., Intervenors.
The NATIONAL GRAIN & FEED ASSOCIATION, INC., Petitioner,
v.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, Respondent,
National Paint and Coatings Association, Public Citizen, Inc., and the Connecticut Council on Occupational Safety and Health ("ConnCOSH"), Intervenors.
The ASSOCIATED GENERAL CONTRACTORS OF VIRGINIA and The Associated General Contractors of America, Petitioners,
v.
OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT of LABOR, Respondent,
United Technologies Corporation, United Steelworkers of America, AFL-CIO, CLC, The National Grain and Feed Association, Inc., Building and Construction Trades Department, AFL-CIO, Intervenors.
UNITED TECHNOLOGIES CORPORATION, Petitioner,
v.
The OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT of LABOR, Respondent.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 16, 1988.
Decided November 25, 1988.
As Amended December 5, 1988.
Attorney(s) appearing for the Case
Benjamin R. Civiletti, Robert G. Ames, Maurice Baskin (argued), Venable, Baetjer, Howard & Civiletti, Washington, D.C., for petitioner, Associated Builders and Contractors and Const. Industry intervenors.
Marc L. Fleischaker (argued), Gina M. Zawitoski, V. Daniel Palumbo, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for petitioner, Nat. Grain & Feed Ass'n, Inc.
Stephen C. Yohay (argued), Ann Elizabeth Reesman, McGuiness & Williams, Washington, D.C. (Robert E. Williams, of counsel), for petitioners, Associated Gen. Contractors of Virginia and Associated Gen. Contractors of America.
W. Scott Railton (argued), Diane F. Killioin, Susan A. Kunst, Reed Smith Shaw & McClay, Washington, D.C., for petitioner, United Technologies Corp.
George R. Salem, Sol. of Labor, Allen H. Feldman, Associate Sol. for Sp. Appellate and Supreme Court Litigation, Steven J. Mandel, for Appellate Litigation.
Nathaniel I. Spiller (argued), Edward D. Sieger, Attys., U.S. Dept. of Labor, Washington, D.C., for Secretary of Labor.
George H. Cohen, Jeremiah A. Collins, Michael H. Gottesman, John Rothchild, Bredhoff & Kaiser, Washington, D.C., Mary-Win O'Brien, United Steelworkers of America, Pittsburgh, Pa., Laurence Gold (argued), Washington, D.C., for intervenor, United Steelworkers of America, AFL-CIO, CLC.
Elihu I. Leifer, Victoria L. Bor, Christopher S. Richardson, Sherman, Dunn, Cohen, Leifer & Counts, Washington, D.C., for intervenor, Building and Const. Trades Dept., AFL-CIO.
Bruce H. Hamill, Washington, D.C., Timothy J. Waters, McDermott, Will & Emery, Washington, D.C., for intervenor, Nat. Paint & Coatings Assn.
David C. Vladeck, Public Citizen Litigation Group, Washington, D.C., for intervenor, Public Citizen, Inc. and the Connecticut Council on Occupational Safety and Health.
Peter L. de la Cruz, Mary Chambers Grandy, Keller and Heckman, Washington, D.C., for amicus, Styrene Information and Research Center.
Before GIBBONS, Chief Judge, HUTCHINSON and SCIRICA, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GIBBONS, Chief Judge:
Before the court are four petitions for review of the revised hazard communication standard promulgated by the Secretary of Labor pursuant to section 6(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 655(b) (OSH Act). The petitioners are the Associated Builders and Contractors, Inc. (ABC), the National Grain & Feed Association, Inc. (NGFA), the Associated General Contractors of Virginia...
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