News & Analysis as of May 17, 2025

Occupational Safety and Health Administration › OSH Act › Constitutional Challenges

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Are the Days of OSHA’s Rulemaking and Reliance on Consensus Standards Numbered?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/28/2025

Since Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” (H.R. 86), there has been immense speculation about the future of the Occupational...more

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/20/2025

U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

Parker Poe Adams & Bernstein LLP on 9/1/2023

Under constitutional law, the nondelegation doctrine prevents Congress from adopting laws that give administrative agencies overly broad discretion to adopt regulations that usurp its legislative authority. Recently, the...more

The Supreme Court Has Stayed OSHA’s Vaccine-or-Test Emergency Temporary Standard. Now What?

McCarter & English, LLP on 1/20/2022

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of...more

Supreme Court Blocks OSHA Vax-or-Test ETS

Wiley Rein LLP on 1/14/2022

What: On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which required businesses with at least 100 employees to ensure their...more

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