Boulder CO Westview Press httpbooksgooglecom

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ed. (Boulder, CO: Westview Press, 2004), 41-43, books?id=AZVD_QM1QlYC&ie=ISO-8859-1&output=html (accessed November 12, 2011). 32. Body created by legislative act to carry out specific duties. 33. Federal administrative agency empowered to set workplace safety and health standards and to ensure that employers take appropriate steps to meet them. Chapter 16 The Legal and Regulatory Environment of Business 16.5 Some Principles of Public Law 916
Figure 16.9 Administrative Agencies Administrative Rulemaking: OSHA’s General Duty Clause In passing the OSHAct, Congress didn’t determine appropriate standards of safety and health, nor did it designate specific occupational hazards. It stipulated only a so-called General Duty Clause requiring an employer to provide “employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”Occupational Safety and Health Administration, “SEC. 5 Duties” (U.S. Dept. of Labor, 2008), owadisp.show_document?p_table=OSHACT&p_id=3359 (accessed November 12, 2011). In setting more specific standards for satisfying this “general duty,” OSHA may choose to adopt those of recognized industry groups or it may set its own standards, usually relying on research conducted by a sister agency, the National Institute of Occupational Safety and Health (NIOSH). In either case, proposed regulations must go through the five-step process summarized in Figure 16.10 "Administrative Rulemaking Procedure" . When a regulation has passed through this process, it becomes administrative law, which, as we’ve seen, refers generally to statutes and regulations related to the activities of such agencies as OSHA. Chapter 16 The Legal and Regulatory Environment of Business 16.5 Some Principles of Public Law 917
Figure 16.10 Administrative Rulemaking Procedure Administrative Law and Judicial Review OSHA Regulation 29 CFR 1910.1000 deals with air contaminants but doesn’t address cigarette smoke itself. Rather, it limits exposure to some of the forty-seven thousand chemical compounds contained in environmental tobacco smoke . Based in part on NIOSH studies, OSHA has set permissible exposure limits for such compounds and stipulated that employee exposure to them shall not exceed designated permissible exposure limits.Occupational Safety and Health Administration, “Air Contaminants—1910.1000” (U.S. Dept. of Labor, 2008), at oshaweb/owadisp.show_document?p_id=9991&p_table=STANDARDS (accessed November 12, 2011). OSHA continues to use permissible exposure limits to assess levels of specific contaminants, and up until the early 1990s, it also relied on the General Duty Clause to deal with cases involving the hundreds of substances not covered by specific permissible exposure limits. Since then, however, the agency has been forced to restrict its use of both the General Duty Clause and permissible exposure limits in enforcing air-contaminant standards.See Occupational Safety and Health Administration, “Reiteration of Existing OSHA Policy on Indoor Air Quality” (U.S. Dept. of Labor, 2003), at

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