Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
_____________________________________
SALT INSTITUTE,                      )
                                     )
               Petitioner            )
                                     )
                                     )     Docket No. 89-7366
          v.                         )
                                     )
THE OCCUPATIONAL SAFETY AND          )
HEALTH ADMINISTRATION,               )
UNITED STATES DEPARTMENT OF LABOR,   )
                                     )
               Respondent            )
_____________________________________)

 

SETTLEMENT AGREEMENT

 

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