In making this determination, OSHA was guided by a number of factors that are consistent with recent court interpretations of the OSH Act and rationale, and policy formulation regarding significance of risk. The quantitative risk assessment found in Table 1 was used with other relevant information by OSHA to determine whether establishing a permissible exposure limit and other standard provisions would substantially reduce the risk. For guidance in determining whether regulatory activity would substantially reduce the risk, OSHA followed general guidance given to the Agency by the Court for arriving at findings of the significance of an occupational health risk.
Some risks are plainly acceptable and others are plainly unacceptable.
If, for example, the odds are one in a billion that a person will die from cancer by taking a drink of chlorinated water, the risk clearly could not be considered significant. These include the type of risk presented, the quality of the underlying data, the reasonableness of the risk assessments, and the statistical significance of risk. Table 1 was adopted by the Committee from the OSHA MDA risk assessment found in the Docket at Exhibit 1-247. The record, as summarized herein, shows that MDA exposure is associated with a number of adverse health effects. The study appears to have been conducted in accordance with good laboratory practices and is adequate for use as the basis for quantitative risk assessment.