Safety Review Board Lawsuit Adds Fuel to Agency Power Struggle

A lawsuit attacking the structure of an independent agency that hears appeals to OSHA citations paves the way for similar challenges as employers seek to test the limits of recent US Supreme Court decisions.

Kenric Steel LLC—a New Jersey-based steel fabrication company—sued the US Occupational Safety and Health Review Commission on Sept. 17 to block enforcement of a $348,000 safety fine against it. It argued the process is unconstitutional because OSHRC’s leadership panel is illegally shielded from being fired at will by the president, and because the agency’s administrative law judges are improperly appointed and protected from removal.

The ...