United Steelworkers of America v. Marshall Case Brief Summary | Law Case Explained

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United Steelworkers of America v. Marshall, 647 F.2d 1189 (1980)

Occupational exposure to lead threatens hundreds of thousands of American workers in dozens of industries. Consequently, the Occupational Safety and Health Administration, or OSHA, enacted a standard establishing permissible workplace lead levels. In United Steelworkers of America versus Marshall, multiple organizations challenged this standard.

After publishing notice of a proposed new standard for workplace lead exposure, OSHA conducted multiple public hearings on its proposal. Three years later, OSHA issued its final standard, establishing permissible workplace lead levels.

The OSHA staff attorney who shepherded the new standard through the rulemaking process conferred with the final decision-maker, Assistant Labor Secretary Eula Bingham, after the hearings. The attorney helped Bingham review the voluminous record and made recommendations. Shortly before OSHA issued the final standard, Bingham gave a fiery speech to a union conference, emphasizing OSHA’s desire for a strong lead standard and criticizing industry organizations for resisting stricter regulations.

Unions and industry groups sued Labor Secretary F. Ray Marshall over the new standard. The Lead Industries Association alleged that Bingham was biased, that the contacts between Bingham and OSHA’s staff attorney were inappropriate ex parte communications, and that the standard exceeded OHSA’s authority. The United Steelworkers of America claimed that the standard didn’t adequately protect workers. The court considered these allegations.

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