American Dental Ass'n v. Martin

Section 3(8) of the Occupational Safety and Health Act defines “occupational safety and health standard” as a standard which requires the adoption of practices “reasonably necessary or appropriate to provide safe or healthful employment and places of employment.” 29 U.S.C. § 652(8) (emphasis added). Section 6(b)(5) of the Occupational Safety and Health Act states:

“The Secretary, in promulgating standards dealing with toxic materials or harmful physical agents under this subsection, shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available…