NJ Steel Company Attacks Legality of Worker Safety Commission

The US Occupational Safety and Health Review Commission unconstitutionally insulates its members from removal, a New Jersey-based steel fabrication company said in a complaint Tuesday.

OSHRC—an independent federal agency that handles Occupational Safety and Health Administration citation disputes—violates the separation powers under the Constitution, according to the suit filed in the US District Court for the District of New Jersey. Kenric Steel LLC received a fine of more than $348,000 after OSHA issued a citation for four willful and seven serious violations by the company.

A willful violation is when an employer knowingly failed to comply or acted with plain ...