‘Nondelegation’ Challenge To OSHA Safety Standards Reaches High Court

An employer seeking to overturn OSHA’s power to craft “necessary or appropriate” safety standards is asking the Supreme Court to take up its case, renewing its claims that the OSH Act’s language is too vague to survive under the “nondelegation” doctrine but adding for the first time that even a clear grant of such “major” authority would be unconstitutional. Allstates Refractory Contractors filed a petition for certiorari on Jan. 26, seeking high court review of its novel challenge to...