_____________________________________ SALT INSTITUTE, ) ) Petitioner ) ) ) Docket No. 89-7366 v. ) ) THE OCCUPATIONAL SAFETY AND ) HEALTH ADMINISTRATION, ) UNITED STATES DEPARTMENT OF LABOR, ) ) Respondent ) _____________________________________)
Petitioner Salt Institute ("SI") and the Occupational Safety and Health Administration, United States Department of Labor ("OSHA"), are the parties to this Agreement.
WHEREAS, SI filed on behalf of its members a petition in the above-captioned matter seeking judicial review of the permissible exposure limits for particulates not otherwise regulated which OSHA promulgated on January 19, 1989, 54 Fed. Reg. 2332, as part of its amended Air Contaminants Standard, 29 C.F.R. 1910.1000;
WHEREAS, it is the desire of SI and OSHA to resolve and settle all disputes between them arising from the claims asserted in the above-referenced petition;
NOW, THEREFORE, the parties to the Settlement Agreement do hereby agree that:
1. Within five working days after the execution of this Agreement, SI will move to dismiss its petition for review in Case No. 89-7366 (Eleventh Circuit).
2. OSHA will sign and deliver to SI the letter attached as Appendix A within five working days after the Eleventh Circuit's order dismissing the case.
3. Nothing in the Agreement shall affect the obligation of SI's members to comply with the permissible exposure limit for particulates not otherwise regulated, codified at 29 C.F.R. 1910.1000, as interpreted by OSHA in the letter attached as Appendix A.
4. The parties agree to bear their own attorneys' fees, costs, and other expenses that have been incurred in connection with the proceedings in the Court of Appeals, up to and including the filing of the motion to dismiss the petition for review.
5. This Settlement Agreement shall be effective when signed on behalf of the parties hereto.
_____________________________ __________________________ MICHAEL W. STEINBERG CHARLES P. GORDON Morgan, Lewis & Bockius United States Department of 1800 M Street, N.Y. Labor Washington, D.C. 20036 Room S-4004 200 Constitution Avenue, N.W. Washington, D.C. 20210 Counsel for the Salt Institute Counsel for the Occupational Safety and Health Administration April 30, 1990 May 1 , 1990