This Article sets out to expose and examine an overlooked dimension of environmental justice scholarship—the differential treatment of the working class.
Specifically, the Article compares recommended exposure levels for various pollutants from the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA). OSHA’s recommended exposure levels apply to the workplace and are meant to protect the class of people who perform the (primarily hourly, blue-collar) labor. EPA exposure levels apply to non-workplace environments where people may be exposed to pollutants, including exposure in the ambient air and at home, and thus aim to protect everyone in America. History shows that the people working the hardest, least desirable jobs are knowingly subjected to higher levels of environmental risk. The federal government acts much more aggressively through EPA in non-workplace settings, and gives less attention and care to the pollution the working class confronts on a daily basis. This Article supplements a historical account with direct evidence of differential treatment.