April 13, 2012 at 06:00 PM
A maritime industry trade group is asking the Supreme Court to decide if the occupational safety standard-setting process outlined in the OSH Act is constitutional, arguing that a “cloud” has hung over the act for decades because the courts have never clearly established whether Congress went too far in the act by delegating legislative power to the agency. Legal experts, however, tell Inside OSHA Online the petitioners have an uphill climb and it would be surprising if the court overturns the law's provisions or even hears the case. The group says issues regarding the scope of OSHA's authorit