Tobacco Documents Online

CLAUSEN ELY. JR. DIRCCT OIAL NUMBER 12021 662-5 i 52 COVINGTON & BURLING 1201 PENNSYLVANIA AVENUE. N W P.O. BOX 7566 WASH I NGTON. D.C. 20044 12021 662-6000 TELEFAXi202i 662-629i TELEX. 89-593 ICOVLlNG W5t+i CABLE COVLING ACHESON r.OUSC ad HCRftORO STRCCT LOMDON WiT7T! ENGLAND TCLCnHONE u7i-.WS-5655 TELCfM 4.-7,495-3601 •RUSSCLS CORRCSOONDCNT OfliCC u AvENUE DCS .RTS BRUSSCLS 040 lEL6IUM TCLCPNONC 322912YB9O TELErA. )2-2-502-5BB February 12, 1992 MEMORANDUM TO THE COMMITTEE OF COUNSEL There is enclosed for your information a copy of the Order of the United States Court of Appeals for the District of Columbia Circuit dismissing the petitions by Action on Smoking and Health (ASH) to require OSHA to propose a regulation restricting workplace smoking. The petitions were dismissed on the grounds that (1) OSHA has not taken final, appealable action concerning regulation of workplace smoking and (2) OSHA has not delayed consideration of a workplace smoking rule to an extent that would warrant judicial intervention to compel agency action. Also enclosed is a copy of a status report filed with the court by ASH (and subsequently dismissed as moot) in which ASH indicates that it intends to file two petitions with OSHA, on or about February 26, 1992, including a petition to classify ETS as a "potential occupational carcinogen". Clausen Ely, Jr. Encls. CC with enclosures: Thomas E. Bezanson, Esquire Mr. Samuel D. Chilcote, Jr. Frank Decker, Esquire Richard A. Kohlberger, Esquire