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Industrial Union Department v. American Petroleum Institute
''Industrial Union Department v. American Petroleum Institute (The Benzene Case)'', , was a case heard before the United States Supreme Court. This case represented a challenge to the OSHA practice of regulating carcinogens by setting the exposure limit "at the lowest technologically feasible level that will not impair the viability of the industries regulated." OSHA selected that standard because it believed that (1) it could not determine a safe exposure level and that (2) the authorizing statute did not require it to quantify such a level. A plurality on the Court, led by Justice Stevens, wrote that the authorizing statute did indeed require OSHA to demonstrate a significant risk of harm (albeit not with mathematical certainty) in order to justify setting a particular exposure level.
Perhaps more importantly, the Court noted in dicta that if the government's interpretation of the authorizing statute had been correct, it might violate the Nondelegation doctrine. This line of reasoning may represent the "high-water mark" of recent attempts to revive the doctrine.
== Background ==
The Occupational Safety and Health Act of 1970 delegated broad authority to the Secretary of Labor to promulgate standards to ensure safe and healthful working conditions for the Nation's workers (the Occupational Safety and Health Administration (OSHA) being the agency responsible for carrying out this authority). According to Section 3(8), standards created by the secretary must be “reasonably necessary or appropriate to provide safe or healthful employment and places of employment.” Section 6(b)(5) of the statute sets the principle for creating the safety regulations, directing the Secretary to “set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity…”. At issue in the case, is the Secretary's interpretation of "extent feasible" to mean that if a material is unsafe he must “set an exposure limit at the lowest technologically feasible level that will not impair the viability of the industries regulated.”
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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