The thesis of this Note is that the decision in American Textile, read with the American Petroleum case, leaves no significant barriers impeding the Agency from achieving its primary goal of providing workers with the safest work environment possible. This Note will analyze the decision in American Textile, and the future of cost-benefit analysis in its wake. Part One outlines briefly the statutory framework of the Act and its pertinent sections. Part Two describes the judicial interpretations of the Act. Finally, Part Three discusses the American Textile decision and its implications.
James D. Fisher,
The Demise of Cost-Benefit Analysis in OSHA Standards: American Textile Manufacturers Institute v. Donovan, 12 Golden Gate U. L. Rev.