Employer Claims OSHA’s Safety-Standard Power Lacks ‘Limiting Principle’

An Ohio firm is asking the U.S. Court of Appeals for the 6th Circuit to hold that Congress violated the Constitution when it directed OSHA to set workplace safety standards as “reasonably necessary or appropriate,” arguing that the OSH Act lacks any “limiting principle” on agency discretion, while also downplaying potential impacts of a future ruling in its favor. In a Nov. 8 opening brief for the case Allstates Refractory Contractors v. OSHA , the plaintiff company argues that the...