...that the Secretary of Labor, when promulgating health standards dealing with toxic substances, "... shall set the standard which most adequately assures,...material impairment of health or functional capacity . ..." 29 USC § 655(b)(5). (Emphasis added.) The language about feasibility is not precatory, it is...

...Secretary, in promulgating standards dealing with toxic materials or harmful physical agents...shall set the standard which most adequately assures, to...suffer material impairment of health or functional capacity....In addition to the attainment of the highest degree of health and safety protection for...

...standards "reasonably necessary or appropriate" to healthful employment. The law also says he must set the standard "which most adequately assures, to...the basis of the best available evidence, that no employe will suffer material impairment of health" even from "regular exposure" throughout his working...

...promulgate standards for toxic materials or harmful physical agents "which most adequately assuref ] , to the extent feasible, on the basis of the best available evidence, that no employee will suffer tea te rial impairment of health or functional capacity ever, if such employee has regular exposure...

...provision reads: The Secretary, in promulgating standards dealing with toxic substances and harmful physical agents under this subsection, shall set the...material impairment of health or functional capacity.... Development of standards under this Subsection shall be based on research, demonstrations, [etc.].......

...expectancy as a result of his work experience. OSHA, on the other hand, is statutorily required to set the standard which most adequately assures to...impairment" of health or functional capacity, even if the employee has regular exposure to the hazard during his or her working life. 29 USC f 655(b)(5)....

...Act of 1970, which requires the Secretary of Labor to set the standard that most adequately ensures, to the extent feasible, on the basis of the best available...impairment of health or functional capacity even if the employee has regular exposure to the hazard dealt with by this standard for the period of his working...

...Safety and Health Administration (OSHA) to issue workplace standards that "moy. adequately assure, to the extent feasible, on the basis of the best available...if such employee has regular exposure to the hazard ... for the period of his working life." After being ordered by a federal appeals court to issue an...

...Health Administration (OS HA) to issue workplace standards that "meat adequately assure, to the nun feasible, on the basis of the best available evidence,...if such employee has regular exposure to the hazard ... for the period of his working life." After being ordered by a federal appeals court to issue an...

...to achieve what Congress wants, namely, delegating "the broad authority ... to promulgate [and to] set the standard which most adequately assures, to...material impairment of health or functional capacity." This is not even efficient legislative policy. Comment on the Lubricating Gun 1n the Shell case we...