OSHA Defends OSH Act In Supreme Court Nondelegation Doctrine Challenge

OSHA and an Ohio contracting firm are sparring over whether the Supreme Court should let stand an appellate ruling that upheld OSH Act provisions empowering the agency to craft safety standards under the nondelegation doctrine, including a new test the employer is floating that would block Congress from giving agencies discretion to address “major questions” in rulemaking. “In sum, the Act provides meaningful guideposts for, and imposes meaningful constraints on, the Secretary’s issuance of permanent safety standards. Only by ignoring...