Abstract:
On 1/24/89, U.S. Court of Appeals for the Fifth Circuit issued its
decision in National Grain and Feed Association v. McLaughlin,
reviewing the housekeeping provisions of OSHA's final rule on grain
handling facilities under section 6(f) of the OSH Act, 29 U.S.C.
655(f). The Court remanded the standard for reconsideration of two
points: economic feasibility of the 1/8-inch action level for grain
dust in priority housekeeping areas; and reasonable alternatives to
applying the action level only to priority areas. The Court directed
that OSHA more fully explain why the alternative it chose is
reasonably necessary and appropriate. This notice addresses the
first of these two issues; the second will be addressed based on the
Court's evaluation of the first issue in a future notice. For
further information, contact James Foster (202) 523-8151.