Durez Division of Occidental Chemical Corp. v. Occupational Safety and Health Administration
United States Court of Appeals for the District of Columbia Circuit
906 F.2d 1 (D.C. Cir. 1990)
Durez Division (defendant) manufactured a phenol-formaldehyde compound sold to downstream manufacturers, whose employees were exposed to small amounts of phenol while handling it. Durez's Material Safety Data Sheet disclosed minor risks (eye, skin, and respiratory irritation) but omitted that phenol overexposure can damage the liver, kidneys, and heart; OSHA cited Durez for the omission. Durez argued downstream employees would never foreseeably be exposed to enough phenol to actually risk that organ damage, but the Occupational Safety and Health Review Commission held full disclosure of all potential hazards was required regardless of foreseeable exposure levels, and Durez petitioned for review.
Whether, under the Occupational Safety and Health Act, manufacturers must disclose all potential health hazards of a hazardous chemical, regardless of the likelihood that downstream users will actually experience harm.