Managing OSHA

Critical but practical advice for when OSHA comes knocking.

Managing OSHA

General Duty Clause

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OSHA Circumvents Rulemaking by Implementing “Recommended” Air Contaminant Exposure Limits that are More Rigorous than Standard PELs: Which Exposure Limits Should Employers Follow?

Recently, OSHA launched a high-profile effort to address its permissible exposure levels (PELs) for chemicals in the workplace.  OSHA last attempted to update its PELs – which are over four decades old – via a rulemaking in 1989. But that effort failed after the Eleventh Circuit struck it down. This time, rather than initiating a rulemaking to lawfully update its standards, OSHA published “recommended” exposure levels on its website which are more stringent than their corresponding PELs.

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