Did the Secretary (OSHA) make the necessary determinations that the wage guarantee requirement was related to the achievement of a safe and healthful work environment?
No. Section 6(f) requires that "determinations of the Secretary" must be supported by substantial evidence. OSHA, and then the Secretary, never explained the wage guarantee provision as an approach designed to contribute to increased health protection. Because the Act does not authorize OSHA to remedy general unfairness to employees unrelated to health and safety, the Court held that OSHA acted beyond its authority in issuing the wage guarantee regulation.
Author's Comment:
As of this writing, OSHA is following a four-step process in setting new health standards: (a) demonstration of significant risk; (b) demonstration that the standard would reduce that risk to some degree; (c) economic feasibility analysis in conjunction with analysis of medical and scientific data to set the level of exposure; and (d) an analysis of cost effectiveness, looking at all the available options, as to the best method of control.
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