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Legislation and Regulation Keyed to Manning, 5th Ed.
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 various products including motor fuels, solvents, detergents, and pesticides. Approximately 11 billion pounds of benzene were produced in the United States in 1976. Over one million workers were exposed to benzene in their workplaces.
In 1971, OSHA adopted a consensus standard limiting benzene exposure to 10 ppm averaged over an 8-hour period. By the mid-1970s, studies suggested a link between benzene exposure and leukemia. In 1977, OSHA issued an emergency temporary standard reducing the exposure limit to 1 ppm, followed by a permanent standard in 1978 that maintained this limit.
The permanent standard also required employers to implement monitoring programs, provide medical examinations for exposed employees, and establish various controls to limit exposure. OSHA estimated the standard would cost approximately $266 million in capital investments, plus significant annual operating costs, to protect approximately 35,000 workers.
OSHA did not attempt to quantify the benefits of the new standard in terms of lives saved or diseases prevented. Instead, it relied on its policy that, for carcinogens like benzene, no safe level of exposure exists, and therefore exposure should be limited to the lowest feasible level.
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