TBA Law Blog


Posted by: Paul Burch on Aug 23, 2023

A U.S. appeals court today rejected an Ohio contractor's challenge to the U.S. Occupational Safety and Health Administration's (OSHA) ability to adopt rules governing workplace safety, reports Bloomberg Law. In a 2-1 ruling, the U.S. Court of Appeals for the Sixth Circuit said a 1970 law that gives OSHA its powers is valid. The court affirmed a judge's ruling dismissing a lawsuit by Allstates Refractory Contractors LLC, which claimed Congress violated the U.S. Constitution by giving OSHA power to regulate private companies. The court noted that while the agency had been given broad authority, it was only allowed to adopt rules that are "reasonably necessary or appropriate" to address known health risks.