Judicial Review of Agency Health and Safety Decisions

The arbitrary and capricious standard is the primary standard of review for agency health and safety decisions. Under this standard, the court will uphold the agency's decision unless it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

When reviewing an agency health and safety decision under the arbitrary and capricious standard, a court will consider all of the following factors: the agency's expertise in the subject matter, the consistency of the decision with the agency's own precedents, and the thoroughness of the agency's factual findings.

Deference is required in judicial review of agency health and safety decisions only when the agency has acted within its authority. Deference is not required when the agency's decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

The scope of judicial review of agency health and safety decisions is limited to the record before the agency. The court may not consider evidence that was not presented to the agency.

The standard of proof required for a party challenging an agency health and safety decision is the preponderance of the evidence. This means that the party must show that it is more likely than not that the agency's decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

Common grounds for challenging an agency health and safety decision include: the agency acted outside of its authority, the agency's decision was arbitrary, capricious, or an abuse of discretion, the agency's decision was not supported by substantial evidence, and the agency's decision violated the Constitution or a statute.

OSHA is responsible for setting and enforcing workplace health and safety standards, investigating workplace accidents and illnesses, and providing training and education on workplace health and safety.

The FDA is responsible for approving new drugs and medical devices, inspecting food and drug manufacturing facilities, and investigating reports of adverse events associated with drugs and medical devices.

The EPA is responsible for setting and enforcing air and water quality standards, regulating the disposal of hazardous waste, and cleaning up contaminated sites.

The CPSC is responsible for setting and enforcing safety standards for consumer products, investigating reports of injuries associated with consumer products, and recalling unsafe consumer products.

The NHTSA is responsible for setting and enforcing safety standards for motor vehicles, investigating reports of accidents involving motor vehicles, and recalling unsafe motor vehicles.

The MSHA is responsible for setting and enforcing safety standards for mines, inspecting mines, and investigating accidents in mines.

The PHMSA is responsible for setting and enforcing safety standards for pipelines and hazardous materials, inspecting pipelines and hazardous materials transportation, and investigating accidents involving pipelines and hazardous materials.

The NTSB is responsible for investigating accidents involving aircraft, ships, trains, and pipelines, determining the cause of transportation accidents, and making recommendations to prevent future transportation accidents.

The CSB is responsible for investigating chemical accidents that result in a fatality or serious injury, determining the cause of chemical accidents, and making recommendations to prevent future chemical accidents.