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COLOR PIGMENTS MFRS. ASS'N v. OSHA

No. 92-3057.

16 F.3d 1157 (1994)

COLOR PIGMENTS MANUFACTURERS ASSOCIATION, INC., (f/k/a Dry Color Manufacturers' Association), Petitioner, The Cadmium Council, Inc., Intervenor, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION, Robert Reich, U.S. Secretary of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

March 22, 1994.

Attorney(s) appearing for the Case

Harold F. Fitzpatrick, Fitzpatrick & Israels, Secaucus, NJ, for Color Pigments Mfrs. Assoc.

Edwin H. Seeger, Jane Luxton and J. William Doolittle, Prather, Seeger, Doolittle & Farmer, Washington, DC for Cadmium Council, Inc.

Barbara Werthmann and Charles F. James, Office of the Sol. of Labor, Dept. of Labor, Washington, DC for Dept. of Labor.

Before BIRCH, Circuit Judge, RONEY and CLARK, Senior Circuit Judges.

BIRCH, Circuit Judge:

This case arises from passage by the Occupational Safety and Health Administration (OSHA) of a standard governing occupational exposure to cadmium, promulgated at 57 Fed.Reg. 42101 (Sept. 14, 1992) ("Final Rule"). We find that OSHA presented substantial evidence to justify including cadmium pigments in this standard, which calls for a permissible exposure limit (PEL) of 5 micrograms per cubic meter (5 µg/m3), measured...

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