ELR Citation: ELR 21036
No(s). 89-1357 (D.C. Cir. Mar 20, 1992)

The court holds that the Occupational Safety and Health Administration (OSHA) must issue a final rule on permissible exposure limits (PELs) for occupational exposure to cadmium by August 31, 1992. In 1986, a citizen group and labor organization filed a rulemaking petition with OSHA, seeking an emergency temporary standard under §6(c) of OSHA for occupational exposure to cadmium. The petitioners asserted that OSHA's 1971 PEL for cadmium of 100 micrograms per cubic meter of air was grossly inadequate, and a new PEL should be set as low as possible, based on epidemiologic evidence of adverse and toxic human health effects. After numerous alterations in OSHA's rulemaking schedule, resulting in a six-year delay for adopting a new PEL for cadmium, the petitioners seek a writ of mandamus setting a definitive deadline for completion of the cadmium rulemaking. Although OSHA must balance competing rulemaking demands on its limited scientific and legal staff, the court concludes that the six-year cadmium rulemaking delay is extraordinarily long in light of the serious health risks associated with the 20-year-old cadmium PEL still in place. For three years, OSHA did not meet any timetable proposed to the court. OSHA itself believes the final cadmium rule is necessary to protect workers' well-being, and the court holds that any delay beyond OSHA's August 31, 1992, target date for the final stages of the cadmium rulemaking would violate the court's order.

[An earlier decision in this case is published at 18 ELR 20393.]

Counsel for Plaintiff
Ronald Mundy
1155 15th St. NW, Ste. 1004, Washington DC 20005
(202) 223-4470

Counsel for Defendant
William Gray Schaffer
1735 New York Ave. NW, Ste. 500, Washington DC 20006
(202) 628-1700

Before WALD, RUTH BADER GINSBURG, and SILBERMAN, Circuit Judges.