INDUSTRIAL UNION DEPARTMENT, AFL-CIO V. AMERICAN PETROLEUM INSTITUTE (THE BENZENE CASE)
448 U.S. 607 (1980)
NATURE OF THE CASE: This was a dispute over regulatory standards to occupational exposure
to benzene.
FACTS: Under OSHA, the Department of Labor was made responsible for developing standards
to provide safe or healthful employment and places of employment. Further standards were
mandated for toxic materials or harmful physical agents under section 6(b)(5). OSHA stated
that the Secretary should set the standards which most adequately assures to the extent
feasible that no employee will suffer material impairment to heath. The Secretary took the
position that wherever toxic carcinogens were to be regulated that no such exposure could be
deemed safe exposure and that section 6(b)(5) required him to set the safe exposure limit at
the lowest technologically feasible level that will not impair the viability of the
industries regulated. It was determined that there was a causal connection between benzene
and leukemia and as such the Secretary set the exposure level on airborne concentrations at
one ppm. On appeal, the Fifth Circuit held that the Secretary was under a duty to determine
whether the benefits expected from the new standard bore a reasonable relationship to the
costs that it imposed. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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