ELR Citation: ELR 21515
No(s). 92-3321 (6th Cir. Sep 15, 1993)

The court holds that the Secretary of Labor may interpret the hazard communication standard to require that shipping labels on hazardous chemical containers include known "target organ effects," as specific known symptoms and signs of exposure to the chemicals. The court grants the Secretary's petition for review of the final order of the Occupational Safety and Health Review Commission (OSHRC) that reversed the determination that a chemical manufacturer had violated the standard by using hazardous chemical container labels that provided insufficient warning information. The court sets aside the OSHRC's order and reinstates an administrative law judge's determination. The court first holds that the Secretary's interpretation of the hazard communication standard is reasonable, because the determination that "appropriate hazard warnings" must include target organ effects of chemical exposure conforms to the language and purpose of the standard. Moreover, the Secretary's interpretation complements, rather than conflicts with, the goals articulated in the standard's preamble. In addition, it is reasonable to require manufacturers to provide greater information on their shipping labels than they do on internal labels, so that downstream users may be adequately warned about the chemicals' hazards. Finally, the court holds that the Secretary's interpretation does not render the standard void for vagueness, because a reasonably prudent employer would understand the conduct required by the standard.

Counsel for Petitioner
Edward Falkowski
U.S. Department of Labor
200 Constitution Ave. NW, Rm. S-4004, Washington DC 20210
(202) 219-7718

Counsel for Respondent
Kenneth Stark
Duvin, Cahn, Barnard & Messerman
Erie View Tower
1301 E. 9th St., 20th Fl., Cleveland OH 44114
(216) 696-7600

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