Minnesota Mining and Manufacturing Company - 03/19/1993 | Occupational Safety and Health Administration

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

________________________________________
                                        )
MINNESOTA MINING AND MANUFACTURING      )
     COMPANY,                           )
                                        )
                    Petitioner,         )
                                        )
     v.                                 )         No. 93-2042
                                        )
OCCUPATIONAL SAFETY AND HEALTH          )
     ADMINISTRATION, UNITED STATES      )
     DEPARTMENT OF LABOR,               )
                                        )
                    Respondent.         )
                                        )
________________________________________)

SETTLEMENT AGREEMENT

_______________

Petitioner, Minnesota Mining and Manufacturing Company ("MMM") and Respondent, Occupational Safety and Health Administration, United States Department of Labor ("OSHA"), by and through their undersigned attorneys, hereby agree to take the following actions.

1. OSHA will grant the request filed by MMM on January 8, 1993, for reconsideration of the qualitative fit test protocol in its final rule governing occupational exposure to cadmium, 57 Fed. Reg. 42102 (Sept. 14, 1992). Specifically, OSHA will correct Appendix C to the final rule by restoring the language that was contained in the proposed standard, 55 Fed. Reg. at 4131-32 (Feb. 6, 1990), that described the saccharin solution aerosol protocol. This correction will allow the saccharin solution aerosol protocol to be used where qualitative fit testing is permitted under the cadmium rule. OSHA will, within 45 days of the date this agreement is executed, transmit to the Federal Register a document that publishes the correction to Appendix C.

2. MMM will file with the United States Court of Appeals for the Eleventh Circuit, within five working days of the date this agreement is executed, a stipulated order of dismissal of its petition for review of the cadmium rule. Dismissal will not affect any right MMM may have to seek judicial enforcement of this Settlement Agreement.

3. Each party will bear its own costs, attorney fees, and other expenses that have been incurred in connection with these proceedings.

Agreed, this 19th day of March, 1993.

_________________________________
Bruce Justh
Assistant Counsel for
  Appellate Litigation
U.S. Department of Labor
Room S4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210
  Attorney for Respondent,
  Occupational Safety and Health Administration,
  U.S. Department of Labor

___________________________________
Peter G. Nash
OGLETREE, DEAKINS, NASH, SMOAK & STEWART
Fifth Floor
2400 N Street, N.W.
Washington, D.C. 20037
  Attorney for Petitioner,
  Minnesota Mining and Manufacturing Company

CERTIFICATE OF SERVICE

I hereby certify that on this 18th day of March, 1993, copies of the foregoing Stipulated Order of Dismissal have been served by first class mail, postage prepaid, upon the following:

Barbara Werthmann, Esq.
Charles James, Esq.
Bruce Justh, Esq.
Office of the Solicitor
U.S. Department of Labor
Room S4004
200 Constitution Avenue, N.W.
Washington, D.C.  20210

     Attorneys for Respondent:  Department of Labor

Edwin H. Seeger, Esq.
Jane C. Luxton, Esq.
J. William Doolittle, Esq.
Prather Seeger Doolittle & Farmer
1600 M Street, N.W., 7th Floor
Washington, D.C.  20036

     Attorneys for Petitioners:  Gates Energy Products, Inc.,
                                 SAFT America, Inc., Big River
                                 Minerals Corporation, Jersey
                                 Miniere Zinc, Division of
                                 Union Zinc, Inc., American
                                 Iron and Steel Institute and
                                 Intervenor Cadmium Council

David C. Vladeck, Esq.
Public Citizen Litigation Group
Suite 700
2000 P Street, N.W.
Washington, D.C.  20036

     Attorneys for Petitioners:  International Chemical Workers
                                 Union and Public Citizen

Steven S. Rosenthal, Esq.
Morrison & Foerster
2000 Pennsylvania Avenue, N.W.
Suite 5500
Washington, D.C.  20002

     Attorneys for Petitioner:  National Electrical
                                Manufacturers' Association

Judith P. Appel
Fitzpatrick & Israels
400 Plaza Drive
Post Office Box 3159
Secaucus, New Jersey  07096

     Attorneys for Petitioner:  Color Pigment Manufacturers
                                Association

                              ___________________________________
                              Jonathan R. Mook

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