February 3, 2023

AG Coalition Files Amicus Briefing in Sixth Circuit Supporting OSHA Worker Safety Laws

Lori Kalani, Bernard Nash

Cozen O'Connor

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Cozen O'Connor

A group of 19 Democratic AGs filed an amicus brief in Allstates Refractory Contractors, LLC v. Walsh, a case before the U.S. Court of Appeals for the Sixth Circuit in which an Ohio company has challenged OSHA’s promulgation of “permanent safety standards,” arguing that it is unconstitutional and the federal nondelegation doctrine prohibits it from doing so.
In their brief, the amici argue that OSHA’s permanent safety standards ensure workplace safety throughout the U.S. and are critical to the amici states’ own efforts to protect workers in their individual states. They also argue that Congress did not exceed nondelegation principles when it authorized OSHA to promulgate safety standards that are “reasonably necessary or appropriate to provide safe or healthful employment and places of employment” under OSHA.
The case is on appeal from the U.S. District Court for the Northern District of Ohio, Western Division, which rejected plaintiff’s nondelegation argument. The AGs ask the Sixth Circuit to affirm the district court’s decision, as if the plaintiff is successful, OSHA would not be able to establish or enforce any safety standards, including the rules that require companies to take basic safeguards.

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