American Federation of Labor and Congress of Industrial Organizations v. Occupational Safety and Health Administration

965 F.2d 962 (1992)

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American Federation of Labor and Congress of Industrial Organizations v. Occupational Safety and Health Administration

United States Court of Appeals for the Eleventh Circuit
965 F.2d 962 (1992)

Facts

In 1989, the Occupational Safety and Health Administration (OSHA) (defendant) issued a revised air-contaminants standard applicable to 428 toxic workplace substances. The revised standard reduced the permissible exposure limits (PELs) for many toxic substances that were already regulated. During the rulemaking process, OSHA grouped the 428 substances into 18 groups based on the type of health effects at issue (i.e., sensory irritation, cancer) and considered the medical impact of each type of impairment. OSHA also considered studies about the health effects of individual substances at various exposure levels but did not quantify the risks associated with each individual substance and, for many, adopted PELs much lower than justified by the evidence. The American Federation of Labor and Congress of Industrial Organizations and other industry groups and individual companies (plaintiffs) filed challenges to the final revised air-contaminants standard in multiple federal courts of appeal.

Rule of Law

Issue

Holding and Reasoning (Fay, J.)

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