OSHA's 'Voluntary' Limits May Circumvent Current Rules

Law360, New York (November 18, 2013, 1:49 PM EST) -- Recently, OSHA announced its adoption of a multitude of new "voluntary" permissible exposure limits ("PELs") for various substances. But are these PELs an attempt by OSHA to, in essence, implement new standards for industry without allowing public comment and participation in the formal rulemaking process? And will the plaintiffs bar find ways to use these new voluntary limits that were never subjected to public or judicial scrutiny as evidence of the levels of exposure that companies should seek to achieve to protect workers and others?...

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