This Comment examines the nature of scientific uncertainty that complicates precision in setting permissible exposure levels for carcinogens under the Occupational Safety and Health Act (OSHA). The author compares OSHA's policy for dealing with these uncertainties with the legal and factual findings required by the Supreme Court in Industrial Union Department, AFL-CIO v. American Petroleum Institute as a prerequisite to the promulgation of standards. The author argues that the future of OSHA's attempts to set exposure levels depends on a partnership between courts and the agency to confront these scientific issues. The author argues that reviewing courts should yield to OSHA's expertise in analyzing, interpreting, and applying complex scientific data in an effort to enhance the efficiency of OSHA.
George B. Blackmar,
OSHA at the Threshold: Setting Permissible Exposure Levels For Known Carcinogens After American Petroleum Institute,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss4/3