Tobacco Documents Online

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ACTION ON SMOKING AND HEALTH (ASH), ) ` M .A~7Cl~ ~ l Petitioner V. ) Nos. 91-1037 91-1038 THE OCCUPATIONAL SAFETY AND ) HEALTH ADMINISTRATION (OSHA) and UNITED STATES DEPARTMENT OF LABOR Respondents MOTION BY ACTION ON SMOKING AND HEALTH (ASH) FOR LEAVE TO FILE STATUS REPORT ON RELEVANT ONGOING AND PROPOSED ADMINISTRATIVE PROCEEDINGS Action on Smoking and Health (ASH) hereby moves the Court for leave to file the Status Report submitted herewith, which describes on-going and proposed administrative proceedings, for the following reasons: 1. The Court is at present considering Submissions of the Secretary of Labor responding to ASH's allegations of unreasonable delay in rulemaking to ban or limit tobacco smoking in the workplace, and ASH's Reply thereto, both filed pursuant to this Court's Order dated December 6, 1991. 2. The ongoing and proposed administrative proceedings described in the Status Report are relevant to the Submissions and Reply now before the Court, in indicating both the time frame and the extent of possible OSHA action or inaction and the next steps which ASH proposes to take to secure for

CERTIFICATE OF SERVICE =, Athena Mueller, hereby certify that copies of t;:e enclosej ~-cn for Leave to File a Status Report in Case Nos. 91-1037 _;:-j ---_333 were today January 29, 1992 served by prepaid certif:_d -=1'- urcn the persons whose names and addresses are listed belcw: (1) United States Department of Labor Frances Perkins Building, Room S2018 200 Constitution Avenue, NW washington, DC 20210 (2) The Honorable Lynn Martin Secretary of Labor Frances Perkins Building, Room S2018 200 Constitution Avenue, NW Washington, DC 20210 (3) Occupational Safety and Health Administration (OSHA) Frances Perkins Building, Room S2315 200 Constitution Avenue, NW Washington, DC 20210 (4) The Honorable Dorothy Strunk Acting Assistant Secretary for Occupational Safety and Healtb Frances Perkins Building, Room S2315 200 Constitution Avenue, NW Washington, DC 20210 (5) The Honorable William P. Barr Attorney General of the United States Department of Justice Main Building, Room B327 10th and Constitution Avenue, NW Washington, DC 20530 (6) The Honorable Jay B. Stephens United States Attorney for the District of Columbia Judiciary Center Building - Fourth Floor 555 - 4th Street NW Washington, DC 20001 (7) Charles F. James, Esquire United States Department of Labor Office of the Solicitor 200 Constitution Avenue, NW Washington, DC 20210 moc~- IILal4w) Athena Mueller 2013 H Street NW, Washington, DC 20006 (202) 659-4310 Attorney for Petitioner

-z- A-erican workers the protection from the hazards of workplace tobacco smoke which is their right, and which it is within the power and duty of OSHA to provide. 3. The submitted Status Report may therefore be of assistance to the Court in providing additional background information on developments relevant to these matters. WHEREFORE for the foregoing stated reasons ASH respectfully requests that the said Status Report may be accepted for filing. January 29, 1992 Respectfully submitted, ACTION ON SMOKING AND HEALTH (ASH) By ~ Athena Mueller General Counsel Bar ID # 213314 2013 H Street, N.W. Washington, D.C. 20006 (202) 659-4310 Attorney for Petitioner