Author Question: Did OSHA demonstrate that the Cotton Dust Standard was reasonably necessary or appropriate to ... (Read 52 times)

vinney12

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Did OSHA demonstrate that the Cotton Dust Standard was reasonably necessary or appropriate to protect employees against a significant risk of health impairment as required by the Industrial Union Department v. American Petroleum Institute decision?

Question 2

Which of the following steps is not required in a disparate treatment case:
 a. The plaintiff must file with the EEOC.
  b. The plaintiff must submit to arbitration
  c. The plaintiff must present evidence of a prima facie case.
  d. The defendant must show that its action had a nondiscriminatory reason.
  e. The plaintiff must show that the defendant's excuse was a pretext.



abctaiwan

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Answer to Question 1

Yes. The Court noted in a footnote that OSHA expressly found that exposure to cotton dust presents a significant health hazard to employees and that cotton dust produced significant health effects at low levels of exposure. OSHA made clear in the record the source it relied upon to make its findings.

Answer to Question 2

.B



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