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Author Question: Benzene is a colorless, aromatic liquid used in manufacturing a variety of products including motor ... (Read 143 times)

leo leo

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on: Jun 24, 2018
Benzene is a colorless, aromatic liquid used in manufacturing a variety of products including motor fuels, solvents, detergents, pesticides, and other organic materials. Benzene is a toxic substance and rapid inhalation can be fatal. Exposure has also been shown to lead to various types of nonmalignant diseases such as blood disorders (including leukemia).  OSHA passed a regulation limiting maximum benzene exposure for employees. OSHA set a 1 ppm maximum, even though the medical evidence only discussed exposures at 10 ppm and more. The petroleum industry wishes to challenge the regulation. Can they do so? On what basis?

Question 2

The Fifth Amendment:
 A) affords protection against self-incrimination.
 B) can be used by a corporation.
 C) can be used by officers to prevent disclosure of corporate records.
 D) None of the above


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carojassy25

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Reply #1 on: Jun 24, 2018
Answer to Question 1

First, they must have voiced their concerns during the promulgation. Second, they can challenge the regulation in court by establishing that it is arbitrary and capricious or not supported by substantial evidence. An ultra vires challenge is inappropriate since OSHA can clearly regulate industrial hazards. However, the regulation is much more stringent than the level of exposure required for the documented medical effects. See Industrial Union v. American Petroleum, 448 U.S. 607 (1980).

Answer to Question 2

A


leo leo

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Reply 2 on: Jun 24, 2018
Thanks for the timely response, appreciate it

alexanderhamilton

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Reply 3 on: Yesterday
Great answer, keep it coming :)

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