OSHA Wins 6th Cir. Court Challenge to Enforcement Powers (1)

Federal worker safety rules issued by OSHA over the past 50 years are legal and don’t go beyond Congress’ intent for the agency’s power, the US Court of Appeals for the Sixth Circuit said.

The court on Wednesday in 2-1 decision dismissed a lawsuit filed by Allstates Refractory Contractors LLC of Waterville, Ohio, that sought to void Occupational Safety and Health Administration rules.

The company alleged that most rules enacted by OSHA were unconstitutional because the law creating the agency, the Occupational Safety and Health Act of 1970, gave OSHA too much discretion in deciding which hazards to regulate. Instead, ...