As the Supreme Court moves to require clearer congressional authorization for OSHA and other agencies to regulate, a bipartisan group of House lawmakers is considering options for expanding Congress’ oversight of administrative rulemakings, including creating a new Congressional Office of Regulatory Review.
The Supreme Court’s upcoming decision on the fate of OSHA and other agencies’ deference under the Chevron doctrine is almost certain to drive reams of new litigation and result in conflicting circuit decisions, legal observers say, given widespread expectations the justices will overturn or significantly cabin the doctrine.
At least four conservative justices on the Supreme Court appear open -- if not eager -- to overturn the 40-year-old principle of Chevron deference, though their success hinges on whether they can convince at least one more of their colleagues to join them in striking down the doctrine that requires courts to defer to OSHA and other agencies’ reasonable interpretations of vague statutory text.
Attorneys and former officials say the Senate’s failure to confirm a second member to the Occupational Safety and Health Association Review Commission (OSHRC) threatens short- and long-term complications for OSHA enforcement, including a backlog of cases and prolonged uncertainty on whether employers will be penalized for failing to abate alleged violations.
The U.S. Court of Appeals for the 6th Circuit will not revisit its ruling upholding as constitutional the OSH Act provisions granting OSHA’s standard-setting authority, after the judges rejected claims by a contracting company that the decision was incorrect as a matter of law and created a circuit split on when the agency must regulate to address workplace dangers.
The court hearing South Carolina's challenge to the OSHA mandate for states to match inflation adjustments in federal OSH Act penalties is staying the case pending a Supreme Court decision on the Administrative Procedure Act's (APA) statute of limitations, rejecting arguments from the agency that legal issues in the two are largely unrelated.
OSHA has reached a settlement with the National Chimney Sweep Guild (NCSG) to resolve a long-stalled challenge to the agency’s 2016 rulemaking that overhauled fall-protection standards to limit workers' slips, trips and falls, setting alternative compliance approaches and limited waivers for the sector.
South Carolina is doubling down on its arguments that a pending Supreme Court case over the Administrative Procedure Act's (APA) statute of limitations could ease its challenge to OSHA's mandate for states to match annual increases to federal OSH Act penalties.
Administrative law experts say they expect the Supreme Court will issue a narrow ruling in litigation seeking to limit agency adjudications via administrative law judges (ALJs), tamping down expectations that the case, focused on the Securities & Exchange Commission (SEC), could have sweeping implications for OSHA and other agencies.
Conservative justices on the Supreme Court appear sympathetic to claims that the Securities and Exchange Commission’s (SEC) use of administrative law judges (ALJs) violates the 7th Amendment right to a jury trial, but during Nov. 28 oral argument they wrestled with how to craft a new test for the practice amid fears that a broad ruling could upend review of OSHA and other agencies’ enforcement actions.