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Administrative Law Keyed to Asimow
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. Exposure to high concentrations can cause blood disorders and leukemia. Prior to 1978, the permissible exposure limit was 10 ppm. After studies suggested a link between benzene exposure and leukemia, OSHA issued an emergency temporary standard in 1977, followed by a permanent standard in 1978, reducing the permissible exposure limit to 1 ppm. OSHA’s decision was based on its policy that, for carcinogens, no safe exposure level could be determined, and therefore the exposure limit should be set at the lowest technologically feasible level. OSHA did not quantify the benefits of the new standard but concluded they would be “appreciable.” The standard would have affected approximately 35,000 employees in various industries and required substantial compliance costs. Industry representatives challenged the standard, arguing OSHA had not shown it was “reasonably necessary” to protect workers.
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