and 06-2604 PUBLIC CITIZEN HEALTH RESEARCH GROUP v. United States Department of Labor, Occupational Safety and Health Administration

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
Nos. 06-1818 and 06-2604
_____________
PUBLIC CITIZEN HEALTH RESEARCH GROUP;
THE UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY, ALLIED
INDUSTRIAL AND SERVICE WORKERS
INTERNATIONAL UNION,
Petitioners in No. 06-1818
v.
UNITED STATES DEPARTMENT OF LABOR,
OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION,
Respondent
Aerospace Industries Association of America, Inc.,
Portland Cement Association**,
Surface Finishing Industry Council*,
Color Pigments Manufacturers Association, Inc.,
National Association of Manufacturers
and Specialty Industry of North America,
Intervenors
(*Dismissed - See Court's Order dated 12/13/06)
(**Dismissed - See Court's Order dated 06/26/07)

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2
_____________
EDISON ELECTRIC INSTITUTE,
Petitioner in No. 06-2604
v.
OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION,
UNITED STATES DEPARTMENT OF LABOR,
Respondent
Aerospace Industries Association of America, Inc.,
Portland Cement Association**,
Surface Finishing Industry Council*,
Color Pigments Manufacturers Association, Inc.,
National Association of Manufacturers
and Specialty Industry of North America,
Intervenors
(*Dismissed - See Court's Order dated 12/13/06)
(**Dismissed - See Court's Order dated 06/26/07)
Appeals from the United States Department of Labor
Occupational Safety & Health Administration
(Agency No. OSHA-1: H054A)

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3
Argued November 21, 2008
Before: SCIRICA, Chief Judge,
RENDELL, Circuit Judge,
and O’CONNOR, Retired Associate Justice,
U.S. Supreme Court*
ORDER AMENDING OPINION
RENDELL, Circuit Judge.
It is hereby ORDERED that the Precedential Opinion
filed in the within matter on February 23, 2009, is AMENDED
as follows:
__________________
* Honorable Sandra Day O ’Connor, retired Associate
Justice of the United States Supreme Court, sitting by
designation.

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4
On page 41, at the end of the first partial paragraph,
insert the following sentence:
In its brief, OSHA concedes that the
number for aerospace painting in the final
rule included certain unaffected
operations, and that the correct number is
approximately 4,000 workers.
On page 41, in the second full paragraph, delete the
following sentence:
HRG offers no explanation to justify its
lower figure for aerospace painters, and
does not explain why it did not include
workers engaged in enclosed space
welding.
BY THE COURT:
/s/ Marjorie O. Rendell
___________________________
Circuit Judge
Dated: May 15, 2009

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