OSHA Survives Constitutional Challenge to Its Authority
September 8, 2023
On August 23, 2023, a divided Sixth Circuit concluded that Congress’s delegation of authority to the Occupational Safety and Health Administration (“OSHA”) to set workplace-safety standards was constitutional and not violative of the nondelegation doctrine. In Allstates Refractory Contractors, LLC v. Su, the court reasoned that Congress’s delegation provided an “intelligible principle” that…