OSHA Defends Standard-Setting Authority In ‘Non-Delegation’ Challenge

OSHA is urging a federal appeals court to reject an employer’s arguments that the OSH Act’s safety standard program is unconstitutional under the “non-delegation” doctrine, arguing that both the law itself and Supreme Court precedent establish well-defined limits on that authority. The agency filed its merits brief in the case Allstates Refractory Contractors v. OSHA on Jan. 23, seeking to counter the Ohio firm’s argument that the OSH Act puts no meaningful limits on regulators’ discretion to set binding...