![]() that significant risks are present and can be eliminated or lessened by a change in practices” before issuing any permanent health or safety standard. The attorneys said OSHA must “make a threshold finding. OSHA, represented by the US Department of Justice, countered in a brief that more than 50 years of court decisions supported the agency’s safety rulemaking powers.ĭOJ attorneys noted that courts interpreting the OSH Act have set limits for OSHA, most recently rejecting in 2022 the Biden administration’s Covid-19 test-or-vaccination rule as being outside of OSHA’s jurisdiction. Shumate didn’t respond to a request to discuss the case. Jones Day partner Brett Shumate, who served as a Trump administration politically appointed deputy assistant attorney general, is expected to present Allstates’ case. Congress offered no guidance on what makes a rule ‘reasonably necessary or appropriate.’ Instead, it left that weighty policy question entirely to the agency.”Īllstates didn’t challenge OSHA health rules, since the US Supreme Court in earlier decisions had approved, within limits, OSHA’s power to create health standards. ![]() “When it comes to workplace-safety standards, the only purported limit on that broad rulemaking authority in the Occupational Safety and Health Act is that these rules must be ‘reasonably necessary or appropriate to provide safe or healthful employment and places of employment,’” attorneys for Allstates from the firm Jones Day wrote in a brief to the court. If judges with the Sixth Circuit rule against OSHA, the decision could strike down safety regulations covering hazards from falls to electrocution dating back 50 years.Īllstates Refractory Contractors LLC of Waterville, Ohio, wants the court to overturn the rules. ![]() A federal court hearing Thursday could determine whether hundreds of OSHA workplace safety requirements are illegal.Īt issue during oral arguments at the US Court of Appeals for the Sixth Circuit is whether when Congress passed the Occupational Safety and Health Act of 1970, it delegated too much authority to the Occupational Safety and Health Administration to decide which safety dangers needed to be regulated and what the protections should be. ![]()
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