Future of OSHA Safety Rules Winds Up in Appeals Court Tussle

The future of OSHA’s ability to regulate workplace safety is now in a federal appeals court’s hands.

If the US Court of Appeals for the Sixth Circuit rules against the Occupational Safety and Health Administration, hundreds of safety requirements could be stricken, and Congress and courts would be left to write safety regulations.

The primary thrust made in oral arguments Thursday by construction company Allstates Refractory Contractors of Waterville, Ohio, is that when Congress created OSHA in 1970, it delegated too much authority to the agency to decide how to regulate workplace safety.

“OSHA is regulating nationwide. It’s regulating virtually ...