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Administrative Law Keyed to Aman
Industrial Union Department, AFL-CIO v. Hodgson
Citation:
499 F.2d 467 (1974)Facts
Following the passage of the Occupational Safety and Health Act of 1970, the petitioners requested the Secretary of Labor to establish emergency standards to control asbestos dust concentrations in workplaces. The Secretary issued temporary standards limiting exposure to five fibers per milliliter and initiated procedures for permanent standards. After receiving recommendations from the National Institute for Occupational Safety and Health (NIOSH), an Advisory Committee, and conducting hearings with expert testimony, the Secretary promulgated permanent standards. These standards maintained the five-fiber limit until July 1976, when a stricter two-fiber standard would take effect. The standards also included provisions for monitoring, medical examinations, labeling, and recordkeeping. The petitioners challenged various aspects of these standards, arguing they were inadequate to protect workers’ health, particularly objecting to the four-year delay in implementing the stricter two-fiber standard.
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