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Administrative Law Keyed to Popper
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 widely used in manufacturing fuels, solvents, detergents, and other products. Approximately 11 billion pounds were produced annually in the U.S. Over one million workers were exposed to benzene in various industries. Exposure to high concentrations of benzene was known to cause various blood disorders including leukemia.
In 1971, OSHA adopted a consensus standard limiting benzene exposure to 10 ppm. After studies in the 1970s linked benzene to leukemia, OSHA issued an emergency temporary standard in 1977 reducing the permissible exposure limit to 1 ppm. After the Fifth Circuit stayed this standard, OSHA issued a permanent standard with the same limit.
OSHA’s decision was based on its policy that, for carcinogens, no safe level of exposure exists, and therefore exposure should be reduced to the lowest feasible level. OSHA did not attempt to quantify the risk at 10 ppm or the benefits of reducing exposure to 1 ppm. The agency estimated compliance costs at approximately $266 million in capital investments and $187-205 million in first-year operating costs, with recurring annual costs of $34 million.
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