Background
The Occupational Safety and Health Act of 1970 delegated broad authority to the Secretary of Labor to promulgate standards to ensure safe and healthful working conditions for the Nation's workers (the Occupational Safety and Health Administration (OSHA) being the agency responsible for carrying out this authority). According to Section 3(8), standards created by the secretary must be “reasonably necessary or appropriate to provide safe or healthful employment and places of employment.” Section 6(b)(5) of the statute sets the principle for creating the safety regulations, directing the Secretary to “set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity…”. At issue in the case, is the Secretary's interpretation of "extent feasible" to mean that if a material is unsafe he must “set an exposure limit at the lowest technologically feasible level that will not impair the viability of the industries regulated.”
Read more about this topic: Industrial Union Department V. American Petroleum Institute
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