Does the Occupational Safety and Health Act require the Secretary ...

[Davideckstein7]

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 reasonable relationship to its benefits?

Question 2

An employer can legally require all employees to have a high school diploma if:
 a. All of its competitors have such a requirement.
  b. Most of the applicants in the area have a high school diploma.
  c. Shareholders of the company are likely to pay a higher price for the company's stock if employees have at least a high school diploma.
  d. The company intends to branch out into the high-tech field, in which case a high school diploma would be needed by its employees.
  e. The nature of the job requires those skills.

[princessflame2016]

Answer to Question 1

No. The Court stated that Congress itself in Section 6(b)(5) defined the basic relationship between costs and benefits by placing the benefit of worker health above all other considerations save those making attainment of this benefit unachievable. Section 6(b)(5) requires the Secretary of Labor to impose a standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health..

Answer to Question 2

.E

[Davideckstein7]

Thanks for the timely response, appreciate it

[nguyenhoanhat]

TYSM