Industrial Union Department, AFL-CIO v. American Petroleum Institute (1979)
- Docket
- 78-911
- Decided
- 1979-01-01
Summary
Question: Did the Secretary exceed his authority to set standards? Conclusion: Yes. The Court agreed with the Court of Appeals that the Secretary had acted without knowledge that the new standard was necessary to "provide safe and healthful employment" as mandated by the Act. Nothing in OSHA's administrative record indicated that exposure to benzene at 10 ppm would cause leukemia and that exposure to one ppm would not. Since the Secretary had not made a threshold finding that exposure to 10 ppm posed significant health risks, he was powerless to promulgate the new standard.