Columbus, OH – On Tuesday, The Buckeye Institute filed its amicus brief with the U.S. Court of Appeals for the Sixth Circuit in Allstates Refractory Contractors v. Walsh, calling on the court to protect worker and workplace safety by requiring Congress to give clear direction to the Occupational Safety and Health Administration (OSHA) on how to regulate safety in the workplace.
“Under the Occupational Safety and Health Act, Congress did little more than tell the Department of Labor to do anything that was ‘reasonably necessary or appropriate’ to ensure workplace safety,” said David C. Tryon, director of litigation at The Buckeye Institute and the counsel of record on the brief. “While that may sound good, this vague and ill-defined standard is unenforceable and unconstitutional. However, as The Buckeye Institute demonstrates in its brief, striking the regulations promulgated under this unconstitutional scheme will not affect other safety rules and regulations.”
In its brief, The Buckeye Institute argues that the nebulous “reasonably necessary or appropriate” standard OSHA relies upon to impose regulations and issue fines violates the nondelegation doctrine, which says that Congress cannot delegate its legislative powers to other entities. However, citing research and OSHA’s own findings, Buckeye argues that overturning this portion of the Occupational Safety and Health Act will not harm worker or workplace safety, which are protected by a myriad of state and federal laws, regulations, and programs, including OSHA research, voluntary safety programs, worker compensations laws, and regulations passed by many other state, federal, and nonprofit agencies.
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UPDATE: On August 23, 2023, the U.S. Court of Appeals for the Sixth Circuit ruled OSHA’s delegation to be constitutional.