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MARTIN v. AMERICAN CYANAMID CO.

No. 92-3321.

5 F.3d 140 (1993)

Lynn MARTIN, Secretary of Labor, United States Department of Labor, Petitioner, v. AMERICAN CYANAMID COMPANY, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided September 15, 1993.

Attorney(s) appearing for the Case

Edward Falkowski (argued and briefed), Barbara Werthmann, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for petitioner.

Kenneth B. Stark (argued and briefed), Duvin, Cahn & Barnard, Cleveland, OH, for respondent.

Peter L. de la Cruz (briefed), Kris Anne Monteith, Keller and Heckman, Washington, DC, amicus curiae.

Before: RYAN, Circuit Judge; KRUPANSKY, Senior Circuit Judge; and JOINER, Senior District Judge.

JOINER, Senior District Judge.

Hazard Communication Standard (HCS), 29 C.F.R. § 1910.1200, promulgated by the Secretary of Labor, requires that chemical manufacturers, importers and distributors ensure that each container of hazardous chemicals leaving the workplace be labeled with "appropriate hazard warnings." 29 C.F.R. § 1910.1200(f)(1)(ii). The issue in this case is whether the Secretary permissibly can interpret the HCS to require that shipping labels...

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