Pub Citizen Health v. OSHA

Opinion

Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

5-15-2009

Pub Citizen Health v. OSHA Precedential or Non-Precedential: Precedential

Docket No. 06-1818

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Recommended Citation "Pub Citizen Health v. OSHA" (2009). 2009 Decisions. Paper 1273. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1273

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

Nos. 06-1818 and 06-2604 _____________

PUBLIC CITIZEN HEALTH RESEARCH GROUP; THE UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, Petitioners in No. 06-1818 v.

UNITED STATES DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, Respondent

Aerospace Industries Association of America, Inc., Portland Cement Association**, Surface Finishing Industry Council*, Color Pigments Manufacturers Association, Inc., National Association of Manufacturers and Specialty Industry of North America, Intervenors

(*Dismissed - See Court's Order dated 12/13/06) (**Dismissed - See Court's Order dated 06/26/07) _____________

EDISON ELECTRIC INSTITUTE, Petitioner in No. 06-2604 v.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, Respondent

Aerospace Industries Association of America, Inc., Portland Cement Association**, Surface Finishing Industry Council*, Color Pigments Manufacturers Association, Inc., National Association of Manufacturers and Specialty Industry of North America, Intervenors

(*Dismissed - See Court's Order dated 12/13/06) (**Dismissed - See Court's Order dated 06/26/07)

Appeals from the United States Department of Labor Occupational Safety & Health Administration (Agency No. OSHA-1: H054A)

2 Argued November 21, 2008

Before: SCIRICA, Chief Judge, RENDELL, Circuit Judge, and O’CONNOR, Retired Associate Justice, U.S. Supreme Court*

ORDER AMENDING OPINION

RENDELL, Circuit Judge.

It is hereby ORDERED that the Precedential Opinion filed in the within matter on February 23, 2009, is AMENDED as follows:

__________________

* Honorable Sandra Day O ’Connor, retired Associate Justice of the United States Supreme Court, sitting by designation.

3 On page 41, at the end of the first partial paragraph, insert the following sentence:

In its brief, OSHA concedes that the number for aerospace painting in the final rule inc lude d c erta in una f fec te d operations, and that the correct number is approximately 4,000 workers.

On page 41, in the second full paragraph, delete the following sentence:

HRG offers no explanation to justify its lower figure for aerospace painters, and does not explain why it did not include workers engaged in enclosed space welding.

BY THE COURT:

/s/ Marjorie O. Rendell ___________________________ Circuit Judge

Dated: May 15, 2009