___________________________________
                                   )
JERSEY MINIERE ZINC, DIVISION OF   )
UNION ZINC, INC.,                  )
                                   )
               Petitioner,         )
                                   )
     v.                            )         Docket No. 92-3126
                                   )
ROBERT REICH, U.S. SECRETARY OF    )
LABOR, AND OCCUPATIONAL SAFETY AND )
HEALTH ADMINISTRATION,             )
                                   )
               Respondents.        )
___________________________________)

Pursuant to Federal Rule of Appellate Procedure 42(b), Petitioner Jersey Miniere Zinc, Division of Union Zinc, Inc. (JMZ), and Respondents Robert Reich, U.S. Secretary of Labor, and Occupational Safety and Health Administration (OSHA) agree that this proceeding shall be dismissed, each party to pay its own costs and fees.

WHEREAS, OSHA has promulgated an Occupational Safety and Health Standard for Exposure to Cadmium (29 CFR 1910.1027, 57 Fed. Reg. 42102 et seq., September 14, 1992) (Cadmium Standard); and

WHEREAS, JMZ has petitioned for review of the Cadmium Standard in the above-captioned proceeding; and

WHEREAS, JMZ and OSHA wish to resolve certain issues relating to the Cadmium Standard and thereby settle this proceeding;

THEREFORE, JMZ and OSHA agree as follows:

1. OSHA agrees that JMZ may include in its Compliance Plan for the Cadmium Standard the provisions set forth in Appendix A to this Agreement, and that compliance by JMZ with each such provision shall constitute compliance by JMZ with the specified requirements of the referenced paragraphs and subparagraphs of the Cadmium Standard to which such provision relates, as set forth in Appendix A.

2. JMZ agrees that by March 22, 1993, it will file with the United States Court of Appeals for the Eleventh Circuit a motion to dismiss the JMZ petition with prejudice.

3. JMZ and OSHA each agrees to bear its own attorney fees, costs and other expenses incurred in connection with these proceedings up to and including the filing of the motion to dismiss the JMZ petition.

IN WITNESS WHEREOF the parties have executed this Agreement as of the 19th day of March, 1993.

                         JERSEY MINIERE ZINC, DIVISION OF UNION
                         ZINC, INC.

                         By________________________________
                           Edwin H. Seeger, its Attorney

                         ROBERT REICH, U.S. SECRETARY OF LABOR,
                         AND OCCUPATIONAL SAFETY AND HEALTH
                         ADMINISTRATION

                         By________________________________
                                 Charles E. Adkins
                           Director of Health Standards Programs,
                           Occupational Safety and Health Administration

JERSEY MINIERE ZINC ("JMZ") COMPLIANCE PLAN

1. Regulated Areas. In order to comply with the requirement of 29 C.F.R. 1910.1027(e)(1) for the establishment of "regulated areas," JMZ will establish such an area wherever an employee's exposure to airborne cadmium is or can reasonably be expected to exceed the PEL. A temporary regulated area may be established when a task performed by an employee in an area not already designated a regulated area may reasonably be expected to expose that employee in excess of the PEL only while the employee is performing that task.

2. Exposure Monitoring. In order to meet the requirements of paragraphs (d)(1) and (d)(2), authorizing the use of historic monitoring data to determine whether an employee is exposed above the action level ("AL"), JMZ may use its relevant historic monitoring data, even if the monitoring was performed prior to September 14, 1991, so long as: a) the monitoring data otherwise satisfy all the requirements in paragraphs (d)(1)(ii) and (iii) and (d)(2)(ii); and b) the data are clear and consistent; provided, however, that, where employees in the same job classification, in the same work area, subject to cadmium exposures of similar duration and level perform the same job tasks on two or more shifts, historic data or current monitoring results for an employee's exposure levels on one shift may be used to represent employee exposure levels in those jobs on other shifts if the data or results are obtained from the shift where the exposure levels for the job are or are likely to be the highest.

3. Showers. In order to comply with the requirement of 29 C.F.R. 1910.1027(j)(3)(i) for showers, JMZ will take appropriate steps to assure that employees who are exposed to cadmium above the PEL on any given day take showers after their exposure to cadmium has ceased and before leaving the company's facility. The company will comply with the Fair Labor Standards Act and the Portal-to-Portal Pay Act with respect to compensating employees for the time involved in the taking of such showers.

4. Lunchroom Facilities.

(a) Lunchroom tables. In order to comply with the requirement of 29 C.F.R. 1910.1027(j)(4)(i) for cleanliness of tables in lunchrooms, JMZ will maintain the surfaces of tables in lunchrooms and in breakrooms where meals are regularly eaten in as clean condition as is reasonably practicable. In the case of JMZ, this means that tables should be thoroughly wet-wiped at least every three hours during any period of continuous use. For non-continuous use, tables shall be thoroughly wet-wiped before being used.

(b) Lunchroom Air Concentrations. In order to comply with the requirement of paragraph (j)(4)(i) concerning employee exposure to cadmium in lunchrooms, JMZ will ensure that no employee in a lunchroom or in a breakroom where meals are regularly eaten is exposed at any time to a level of cadmium in air exceeding 2.5 ug/m3, as measured by area sampling.

(c) Protective Clothing. In order to comply with the requirement of paragraph (j)(4)(ii) concerning lunchrooms and surface cadmium on protective clothing, JMZ will either: (i) take appropriate steps to assure that employees remove protective clothing before entering lunchrooms or breakrooms where meals are regularly eaten; or (ii) install HEPA vacuuming or air showers that remove cadmium dust without dispersing it to remove surface cadmium from protective clothing worn by such employees.

5. Biological Monitoring in General. Before taking any action required by a single biological monitoring result under paragraph (l), if JMZ has good reason to believe that the first result cannot be representative of the employee's levels of cadmium or B-2M in urine or cadmium in blood and the company documents that reason, the company may promptly conduct a second test. If the results of the second test would not require the action, then JMZ need not take that action. Otherwise, the action must be taken within the time period specified in the applicable provision of paragraph (l) measured from the date of receipt of the results of the first test, except that any such time period of two weeks or less shall be measured from the date of receipt of the results of the second test.

6. Medical Surveillance--Previously Exposed Employees. In order to comply with the requirement of 29 C.F.R. 1910.1027(l)(4)(v)(A) on discontinuation of medical surveillance of "previously exposed" employees (as defined in paragraph (l)(1)(i)(B)), JMZ need not conduct additional biological monitoring of an employee whenever (a) the initial biological monitoring tests show the employee's CdU level to be at or below 2.5 ug/g Cr, B(2)-M level to be at or below 250 ug/g Cr, and CdB level to be at or below 4 ug/Lwb; (b) the employee has not been exposed at the company to concentrations of airborne cadmium in excess of an eight-hour time-weighted-average of 25 ug/m(3); (c) the employee has not held a job at the company with airborne cadmium exposure above the PEL on a total of more than 30 days during the most recent three years; and (d) a company-designated physician determines that further medical surveillance of the employee is not required to protect the employee's health. JMZ may rely on its historic monitoring data, as provided in paragraph 2, above, for purposes of satisfying conditions (b) and (c).

7. Medical Surveillance--Additional Tests. Under paragraph (l)(4)(ii)(I) of the standard, the examining physician may only require additional tests whose purpose is to assess medical conditions that may reasonably be related to cadmium exposure.

8. Powered Air Purifying Respirators (PAPRs). In order to comply with the requirement of paragraph (g)(2)(ii), concerning the provision of PAPRs to employees who choose to wear PAPRs but are not required by the standard to do so, JMZ will make reasonable efforts to assure that PAPRs are provided in a timely fashion to all employees who request them and are entitled to them. The company will do so as soon as the company has determined through a brief trial use that particular employees do intend to use them. These efforts shall include the following: a) by March 22, 1993, JMZ will provide at least 12 PAPRs for a two-week trial to at least the first 12 employees who make a request to wear such respirators and are entitled to do so; b) at the end of the two weeks, JMZ will determine whether each of those employees still wishes to wear a PAPR; c) As quickly as possible thereafter, JMZ will supply each of those employees with a PAPR; d) JMZ will then provide PAPRs for a two-week trial to the next batch of employees who make a request to wear such respirators and are entitled to do so; e) JMZ will continue this process until all employees who wish to wear a PAPR and are entitled under the standard to do so are provided with a PAPR. In any event, JMZ shall provide PAPRs to all such employees by no later than August 14, 1993.

9. Initial Medical Examination. As stated in paragraph (l)(2)(iii) of the cadmium standard, where a recent medical examination that complies with the requirements of paragraph (l)(2)(ii) of that standard is used instead of an initial examination, the prior examination shall be treated as if it were an initial examination for purposes of paragraphs (l)(3) and (4) of that standard.