On April 27, the U.S. House of Representatives Committee on Education and the Workforce, Subcommittee on Worker Protection, chaired by Rep. Charlie Norwood (R-GA), held a hearing on the impact of non-consensus organizations (NCO) that set environment, health, and safety standards like the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Agency for Research on Cancer (IARC).

Patton Boggs partner Henry Chajet was invited to testify and presented the statement linked here, along with an extensive briefing book documenting abuses by ACGIH that led to invalid exposure limits. Chajet is also the former associate professor for OSHA Law at Johns Hopkins University Graduate School of Public Health, and is counsel in litigation against ACGIH alleging deceptive trade practices, and against DOL alleging violations of the Administrative Procedures Act.

In his testimony, Chajet described the, "secret, backdoor rulemaking conducted by one such NCO, the...(ACGIH), and the junk science it has produced over the last 10 years that is undermining the regulatory and legal system." He stated that by using and supporting NCOs for standard setting, DOL, DOE, HHS, and EPA are abrogating their duties through an insidious delegation of government authority..."

Chairman Norwood closed the hearing by stating:

"The ACGIH is going to stop writing the laws of this land, if it's the last thing I do on this earth. They'd better get ready because I'm going to come after them. You guys at the Labor Department that are letting this happen are next on that podium, under oath. We're going to find out why you are allowing this to happen, under oath .... It's against what Congress wants you to do .... We tried to fix this but the Labor Department stopped it, and now it's war!"  

To watch a video of the testimony at this hearing, please click the following link:
http://mfile.akamai.com/10528/wmv/houseofrep.download.akamai.com/10528/wp/wp042706.asx

To download Henry Chajet's testimony, click here.

Savit, the first Chief of Criminal Investigations for the mine safety agency, and Chajet, the former senior counsel and lobbyist for a major industry trade association, have teamed for more than 20 years to help management reduce financial risks and improve EHS protection.  Recently, Patton Boggs has been called upon to provide clear, concise communications to company boards and audit committees looking at compliance histories, and to implement a "Program to Prevent Violations" that the firm has developed.  In addition, the firm's EHS team has extensive experience in evaluating and responding to private and government standard setting that creates duties, liability, insurance coverage, and product marketing issues.  

For further information, please contact Henry Chajet in DC at (202) 457-6511 (hchajet@pattonboggs.com); Mark Savit in Denver at (303) 894-6117  (msavit@pattonboggs.com); or Cass Weiland in Dallas at (214) 758-1504  (cweiland@pattonboggs.com); or visit our firm web site (www.pattonboggs.com) for additional group Alerts, Newsletters, and informational postings. 

Important Note: This ALERT does not constitute legal advice and counsel should be consulted regarding specific factual situations which will determine the compliance advice applicable to any particular question regarding the subject matter. If you would like additional information or advice and counsel on training, compliance or audits, please let us know. 

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