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Administrative Law Keyed to Breyer
Industrial Union Department, AFL-CIO v. American Petroleum Institute (The Benzene Case)
Citation:
448 U.S. 607, 100 S. Ct. 2844, 65 L. Ed. 2d 1010 (1980)Facts
Benzene is a colorless, aromatic liquid used in manufacturing fuels, solvents, detergents, and other products. In 1971, OSHA adopted a consensus standard limiting benzene exposure to 10 ppm. By the mid-1970s, studies linked benzene exposure to leukemia, though most documented cases involved high exposure levels. In 1977, OSHA issued an emergency temporary standard reducing the limit to 1 ppm, followed by a permanent standard at the same level.
OSHA’s decision was based on its carcinogen policy that, absent proof of a safe level, exposure to carcinogens should be reduced to the lowest feasible level. The agency did not attempt to quantify the benefits of reducing exposure from 10 ppm to 1 ppm but concluded they would be “appreciable.” The standard would require capital investments of approximately $266 million, first-year operating costs of $187-205 million, and recurring annual costs of $34 million to protect about 35,000 workers.
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