Inside OSHA

June 14, 2024

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

August 25, 2023 at 5:17 PM
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...

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