In the 1987 revised final rule, OSHA determined that the provisions are feasible in all industries. the san francisco 49ers full over print shirt The rule’s requirements had thus been determined by OSHA to be both necessary for the protection of all workers
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the downstream employees are properly protected. The costs of the distribution of the MSDSs are ultimately borne by the downstream user obtaining the information. the san francisco 49ers full over print shirt The recommendations of these distributors that they either be exempted, or allowed to respond to requests only, simply shift the burdens of compliance to other employers and create a less efficient system of information transmittal. In particular, OSHA believes that the distributors who wish to simply respond to requests are assuming that the number of requests will be minimal. As all downstream employers are now covered by the rule, this is not a realistic assumption. Every customer they have to which hazardous chemicals are supplied is required to have the MSDSs. If a distributor has to respond to multiple requests from,
as one commenter testified (Tr. 3-43), 10,000 customers, the burden on both the requesters and the distributor will be significant. As noted in the NPRM, OSHA retains “almost unlimited discretion to devise means to achieve the Congressionally mandated goal.” United Steelworkers of America v. Marshall, 647 F.2d 1189, 1230 (D.C. Cir. 1980), cert. denied, 453 U.S. 913 . Accord, Building and Construction Trades Dept., AFL-CIO v. Brock, 838 F.2d 1258, 1271 (DC Cir. 1988). As the Agency determined at the time of the original final rule in 1983 that all employees exposed to hazardous chemicals are at significant risk of experiencing adverse health effects without the protections of the HCS, OSHA is statutorily required to extend those protections to those employees unless it can be shown that the requirements are not feasible (i.e., they are not capable of being done).