The Effects Of Osha 's Mandate Under Section 3 ( 8 )

1610 Words Oct 25th, 2014 7 Pages
The Supreme Court was requested to rule on the cotton dust standard using the OSHA’s mandate under section 3(8) whose objective was to protect workers from the exposure of hazardous materials. In the Department of Industrial Union, the Benzene decision decided by a divided court invalidated the OSHA 's benzene standard. According to the judges, OSHA had to base its findings on substantial evidence rather than mere assumptions. These records should show that occupational exposure to the regulated substance presents significant health risk (Schulte, et al., 2014).
Apparently, the American Textile Manufacturers did not question the validity of the OSHA’s findings before determining the risks associated with the exposure of cotton dust while working. However, the personnel in this industry concurred that those exposed to cotton dust contract Byssinosis. In their opinion, a less stringent standard would be enough to protect the workers and still be economically feasible. Justice Brennan and Justice Stephens upheld the cotton dust standard by writing their opinion for a five-person majority. One of the major queries was whether the labor secretary was mandated by the OSH Act in promulgating a section 6(b) (5) standard to determine whether the cost of the standard bear a reasonable relationship to its benefits. This issue had been evaded by the Court in Benzene, aside from Powell’s lone concurrence (Crowley, 1987). Justice Brennan rejected the argument raised on the requirement of…
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