Worker Safety Panel Hit With Second Post-Jarkesy Lawsuit (1)

The independent agency that hears appeals to OSHA citations is being challenged a second time over its structure as employers seek to test the limits of a 2024 US Supreme Court decision.

Flying A Pumping Services LLC, a Texas-based oil drilling company, sued the US Occupational Safety and Health Review Commission Monday in a bid to avoid undergoing the agency’s review process. Flying A argues OSHRC’s current process denies the company its right to a jury trial and violates the appointments clause of the US Constitution.

This case follows a lawsuit filed by Kenric Steel LLC—a New Jersey steel company—arguing ...