Lawsuit Challenges Constitutionality of Occupational Safety and Health Act

The U.S. 6th Circuit Court of Appeals will hear a case asking whether Congress unconstitutionally delegated unlimited authority to the executive branch with the creation of the Occupational Safety and Health Administration in 1970. Ohio-based furnace manufacturer Allstates Refractory Contractors says the Occupational Safety and Health Act offered no guidance on what would constitute reasonably necessary or appropriate workplace safety rules, thereby giving OSHA unfettered discretion to make whatever regulation it thinks is appropriate based on nothing other than the agency’s subjective ...