reasonably necessary or appropriate to provide a safe or healthful employment and places of employment. stella artois beer crocs The primary purpose of the Occupational Safety and Health Act (29 U.S.C. 651 et seq.)
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the elimination or mitigation of these hazards, the Secretary is able to make the threshold “significant risk” determination that is an essential attribute of all permanent standards. stella artois beer crocs The Third Circuit Court of Appeals agreed that “inadequate communication is itself a hazard, which the standard can eliminate or mitigate.” United Steelworkers v. Auchter, 763 F.2d at 735. In United Steelworkers of America v. Auchter, 763 F.2d 728, 735 (3d Cir. 1985), the U.S. Court of Appeals for the Third Circuit concluded, as a threshold matter, that the hazard communication rule is a section 6 standard under the Act which is aimed at correcting a particular “significant risk” in the workplace. The HCS is not “merely an enforcement or detection procedure designed to further the goals of the Act generally.” Id.
(quoting test for distinguishing standards from regulations first explained in Louisiana Chemical Ass’n v. Bingham, 657 F.2d 777, 782 (5th Cir. 1981)). See also Associated Builders & Contractors v. Brock, 862 F.2d at 67. These requirements may be imposed at levels of risk below what would be necessary for the setting of exposure limits because they serve the purpose of “keep a constant check on the validity of the assumptions made in developing the permissible exposure limit, giving it a sound evidentiary base for decreasing the limit if it was initially set too high.” Id. at 658 . They also provide basic protections for workers in the absence of specific permissible exposure limits, particularly by providing employers with guidance for designing protective programs. standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes,