Answer to Question 1
Yes. An economic feasibility analysis must be conducted by OSHA under the to the extent feasible language of Section 6(b)(5). Under Section 6(f) of the Act, the determinations of the Secretary (OSHA) shall be conclusive if supported by substantial evidence in the record considered as a whole. The record disclosed that OSHA derived a cost estimate for the industry by reviewing two consulting reports, one contracted for by OSHA, the other by the industry. OSHA made specific findings with respect to the economic impact on employment, energy consumption, financing, and profitability and relied on the industry's study to support its findings.
Answer to Question 2
.D