Federal Court Strikes OSHA’s Toxics Standards

WASHINGTON —  Regulations limiting workers’ exposure to more than 400 toxic substances used in job sites from the corner dry cleaners to the biggest industrial plants have been struck down by a federal appeals court because the Labor Department failed to make a separate scientific case for gauging the health risks of each individual chemical.

A three-judge panel of the U.S. 11th Circuit Court of Appeals in Atlanta ruled late Tuesday that the process used by the department’s Occupational Safety and Health Administration in setting the 1989 standards was “so flawed” that the standards could not be allowed to stand. The court stayed its order to give the Labor Department a chance to decide if it would appeal the decision.

Labor Department officials would not comment Wednesday except to say the ruling was under review and any appeal decision was probably several days away.

If the ruling stands, the effect would be to abolish health standards for nearly half the substances covered by the regulations and roll back the others to the voluntary industry standards of 1970 that initially were adopted by OSHA.