6th Circuit Upholds OSHA Standard-Setting Authority In Split Decision

A divided panel of the U.S. Court of Appeals for the 6th Circuit has rejected a suit claiming OSHA’s authority to issue permanent safety standards is unconstitutional under the Supreme Court’s non-delegation doctrine, but a dissent from the panel’s sole Trump appointee could preview continued litigation on the question, including a high court appeal. “In sum, the OSH Act provides an overarching framework to guide OSHA’s discretion, and the Act’s standards comfortably fall within those limits previously upheld by the...