The original HCS applied to employers and employees in the manufacturing sector. winnie the pooh and friends crocs The Court directed the Secretary of Labor to reconsider the standard’s application to employees in other industry sectors,
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procedures for complying with the Court’s remand order. Lastly, the Agency argued that its schedule to complete the rulemaking was reasonable and did not constitute undue delay winnie the pooh and friends crocs On January 27, 1987, however, the United Steelworkers of America, AFL-CIO-CLC and Public Citizen, Inc., petitioners in the 1985 challenge, filed a Motion For An Order Enforcing the Court’s Judgment and Holding Respondent in Civil Contempt. Petitioners claimed that the Court’s 1985 order had not authorized OSHA to embark on further fact gathering, and that OSHA should have made a feasibility determination based upon the 1985 rulemaking record. Petitioners also argued that even if further fact gathering had been allowed by the Court’s order, OSHA’s pace was unduly slow.
OSHA subsequently published an advance notice of proposed rulemaking to collect comments and information on the expansion of the scope to cover these additional sectors (50 FR 48795; November 27, 1985). In particular, the Agency sought information on the extent employers in non-manufacturing industries had already implemented various aspects of a hazard communication program. In addition, OSHA wanted to obtain data regarding the applicability of the provisions as written in the original rule to these other sectors. A total of 226 responses were received. (See Ex. 2.) OSHA also commissioned a study of the economic impact of extending the HCS to the fifty major non-manufacturing industry groups within its jurisdiction. (See Exs. 4-1 and 4-2.) Based on this newly acquired evidence, as well as the previous rulemaking record, OSHA was in the process of drafting a proposed rule. The third issue remanded to OSHA involved the scope of industries covered by the standard.