NCJ Number
96267
Date Published
1981
Length
25 pages
Annotation
This paper discusses some of the problems that Federal courts and arbitrators will encounter as they try to unravel and simplify issues in challenges to standards of the Occupational Safety and Health Administration (OSHA).
Abstract
The Federal courts are involved in the final stage of review of a challenge to an OSHA citation or standard. The first stage of review is purely administrative, and the second stage is a discretionary review by the OSHA Review Committee. The types of science-policy issues that Federal courts may have to resolve are discussed. These issues cannot be resolved by science for a number of reasons; the extrapolation of carcinogenic effects at high-dose levels from low-dose levels is discussed as an example. Further, situations may arise in which there are insufficient data to reach a scientifically acceptable conclusion. Issues of economic and technological feasibility, varying scientific interpretations, and disagreements over inferences are also addressed. Three approaches are suggested for arbitrators hearing OSHA-type safety and health issues: (1) the totality approach, where arbitrators render decisions based on both contract language and the law; (2) the middle-ground approach, where statutory law may guide the arbitrator on occasion, but the rule of law established by the contract is paramount; and (3) the isolationist approach, where the arbitrator considers only the contract specifications. Various external laws which the arbitrator may consider are discussed, with attention to common law, State statutes, and Federal statutes. Forty-four references are included.