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Administrative Law Keyed to Lawson
Industrial Union Department, AFL-CIO v. Hodgson
Citation:
499 F.2d 467 (1974)Facts
In 1972, the Secretary of Labor, acting under the authority of the Occupational Safety and Health Act of 1970, promulgated standards regulating workplace exposure to asbestos fibers. The Industrial Union Department, AFL-CIO, representing workers in industries affected by these regulations, petitioned for review of these standards, arguing they were inadequate to protect workers’ health. The union contended that the Secretary had improperly considered economic and technological feasibility in setting the exposure limits rather than basing them solely on health considerations. The Secretary defended the standards, arguing that the Act required consideration of feasibility and that the standards represented a reasonable balance between worker protection and practical implementation constraints.
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