Chapter 11 Notes - Chapter 11 11.1 Donovan 1. What is...

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Chapter 11 11.1 Donovan 1. What is byssinosis? Byssinosis, known in its more severe manifestations as “brown lung” disease, is a serious and potentially disabling respiratory disease primarily caused by the inhalation of cotton dust. In its least serious form byssinosis produces both subjective symptoms, such as chest tightness, shortness of breath, coughing, and wheezing, and objective indications of loss of pulmonary functions. In its most serious form, byssinosis is a chronic and irreversible obstructive pulmonary disease, clinically similar to chronic bronchitis or emphysema, and can be severely disabling. At worst, byssinosis can create an additional strain on cardiovascular functions and can contribute to death from heart failure. 2. Did OSHA demonstrate that the Cotton Dust Standard was reasonably necessary or appropri- ate to protect employees against a significant risk of health impairment as required by the Industrial Union Department v. American Petroleum Institute decision? No. The Court stated that OSHA, by assuming that no safe exposure level existed, had evaded its burden of determining that a significant risk was posed by exposure under the ten-parts-per-million standard. The Court held that the burden of proof is on OSHA and the Secretary of Labor to demonstrate the need for a new standard. 3. Does the Occupational Safety and Health Act require the Secretary of Labor, in promulgating a standard pursuant to Section 6(b)(5), to determine that the costs of the standard bear a rea- sonable relationship to its benefits? The legislative history demonstrates conclusively that Congress was fully aware that the Act would impose real and substantial costs of compliance on industry, and believed that such costs were part of the cost of doing business. 4. Was the Secretary of Labor’s determination on economic feasibility supported by substantial evidence? Yes. The Court of Appeals found that the agency “explained the economic impact it projected for the textile industry,” and that OSHA has “substantial support in the record for its … findings of economic feasibility for the textile industry.” On the basis of the whole record, we cannot conclude that the Court of Appeals “misapprehended or grossly misapplied” the substantial evidence test. 5. Did the Secretary (OSHA) make the necessary determinations that the wage guarantee require-
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This note was uploaded on 06/21/2011 for the course ACCOUNTING 0116001 taught by Professor Bloom during the Spring '07 term at Santa Fe College.

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Chapter 11 Notes - Chapter 11 11.1 Donovan 1. What is...

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