The rules of the game: an analysis of OSHA's enforcement strategy

Although OSHA promulgates standards for chemical exposures on the basis of workers' relative risk of acquiring chronic disease, it interprets the limits as absolute levels never to be exceeded. This poses a dilemma to the gathering of useful information which can be used to assess and reduce exposures, because employers can maximize compliance outcomes by minimizing exposure monitoring. The result is that, in the absence of adequate information, the working population's true risk of acquiring disease is essentially unknown and average exposures of several times the permissible exposure limit (PEL) can be declared in compliance. The dilemma could be resolved if OSHA would define compliance in terms of one or more parameters of the cumulative exposure distribution. Since OSHA's current method of assessing risks is based upon average exposures, enforcement of the PEL as the limit of each worker's true mean exposure would be internally consistent. This change could have the effect of encouraging employers to monitor exposures since the confidence interval surrounding the mean can be narrowed with increased sample size.