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Your company, JMS Gum Oil Co. (“JMS”), manufactures oil for a specific industrial use at several manufacturing facilities it owns and operates in Tennessee. The manufacturing of this oil entails a process known colloquially as “heaping,” in which workers place heated filaments in a chamber into which they pour industrial solvent. Heaping has been used for years, and OSHA has regulated the process throughout.
At recent industry conferences, hinted that the agency will soon seek to alter its regulation of heaping. Specifically, OSHA will seek to impose new standards on the hotness of the filaments and on the industrial solvents that may be used. Workers have suffered serious injuries from extremely hot filaments and from inhaling fumes from the solvents used during the heaping process, understandably leading OSHA to consider these new standards.
After reviewing the science, you conclude that the science regarding the necessity and efficacy of the new proposed regulations is conflicted. Notwithstanding the injuries that prompted OSHA to consider the action, the bulk of the peer-reviewed studies concerning the dangers to workers posed by extremely hot filaments and by industrial solvents in heaping have concluded that current standards suffice to protect workers. Further, the current standards have been in effect for several years, with few accidents except for the recent, high-profile ones. Finally, the new standards OSHA is seeking could seriously harm JMS’s profitability, especially regarding compliance cost.
Discussion Points
Assume JMS opposes the proposed new standards applicable to heaping.
1). What steps must take place before the proposed standards become law?
2). For each of these steps, on what basis and how may JMS oppose OSHA’s actions?
3). What, if any, drawbacks are there to opposing OSHA actions?
4). Assume that despite JMS’s objections, OSHA promulgates the new standards for heaping. Also assume that JMS considers these standards illegal or unlawful,
A). How should JMS proceed and what must it prove in court if it concludes that these standards are illegal?
B). Assume that JMS is cited by OSHA for violation of the new standards and that JMS decides to contest the citation, describe the process JMS must follow to dispute the citation.
