ELR Citation: ELR 20393
No(s). 87-1281 (D.C. Cir. Oct 9, 1987)

The court holds that the Occupational Safety and Health Administration's (OSHA's) decision not to issue an emergency temporary standard (ETS) for cadmium pursuant to §6(c) of the Occupational Safety and Health Act was supported by the record. Although cadmium is known to cause kidney damage at high exposure levels, OSHA reasonably concluded that the information about actual levels of exposure to cadmium in the workplace was insufficient to justify issuance of an ETS.

Counsel for Petitioners
David C. Vladeck, Alan B. Morrison, Eric R. Glitzenstein
Public Citizen Litigation Group
2000 P St. NW, Washington DC 20036
(202) 785-3704

Counsel for Secretary of Labor
George R. Salem, Solicitor of Labor; Cynthia L. Atwood, Associate Solicitor
Department of Labor
200 Constitution Ave. NW, Washington DC 20001
(202) 523-7675

Before: ROBINSON and D.H. GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.