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 The Occupational Safety and Health Act of 1970 is one of a number of recent Congressional statutes that designates the stringent 'substantial evidence' test for judicial review of notice-and-comment rulemaking. See Federal Trade Commission Improvement Act of 1974, 15 U.S.C. § 57a(e) (3)(A) (1976); Consumer Product Safety Act, 15 U.S.C. § 2060(c) (1976); Toxic Substances Control Act, 15 U.S.C. § 2618(c)(1)(B)(i) (1976). The explicit language of the Act, legislative history, and its application by the courts [In Industrial Union Dep't v. Hodgson, 162 U.S.App.D.C. 331, 499 F.2d 467 (D.C.Cir.1974), this court rejected the claim that the substantial evidence test adopted in the Act should apply only to factual determinations. This view would leave policy judgments behind a challenged health and safety standard reviewable only under the arbitrary and capricious test. 499 F.2d at 473. Instead, this court concluded that under the Act, policy inferences along with factual determinations must not escape 'exacting scrutiny' even though inferences cannot be strictly verified. Id. at 475. See also Assoc. Indus. v. Dep't of Labor, 487 F.2d 342, 349 (2d Cir. 1973).] confirm that regulations promulgated under the Act are  to be upheld on review if supported ...

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