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Friday, February 3, 2023
Lawsuit Challenges Constitutionality of Occupational Safety and Health Act
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- Topic: Top
- - Popular with: Legal
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The U.S. 6th Circuit Court of Appeals will hear a case asking whether Congress unconstitutionally de…
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Today’s News
- Texas - Legislation Would Restore Bad Faith to Texas Workers' Compensation System Top 03/24/23
- Wis. - Worker's Estate Can Recover Amount Paid to Comp Carrier From UIM Coverage NORTH 03/24/23
- Del. - Industrial Accident Board Abuses Discretion in Ordering Worker to Wean Off Narcotics SOUTH 03/24/23
- N.Y. - No Summary Judgment on Labor Law Claim for Worker Struck by Steel Beam NORTH 03/24/23
- N.Y. - Defendant May Proceed With 3rd-Party Claim for Indemnification, Not Contribution NORTH 03/24/23
- Calif. - Cal/OSHA Cites Sterilization Company $838,800 for Overexposing Employees to Toxic Chemical WEST 03/24/23
- Calif. - DWC Posts Fee Schedule Adjustment WEST 03/24/23
- Neb. - Comp Court Installs Auditor NORTH 03/24/23
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3 Comments
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Sean Hayes Feb 3, 2023 a 4:31 pm PST
OSHA has outlived it's usefulness and now needs to be abolished. As do most federal government agencies.
Mark Massey Feb 3, 2023 a 5:05 pm PST
“A large majority of those injuries — nine in 10, by some estimates — could have been prevented through compliance with workplace safety precautions of the kind that OSHA’s enforcement of its standards promotes,” the brief says. Really? Then why didn't they? Sounds like gun laws; they would work great if only criminals would obey them.
Robert Rose Feb 3, 2023 a 5:54 pm PST
" the Occupational Safety and Health Act offered no guidance on what would constitute reasonably necessary or appropriate workplace safety rules, thereby giving OSHA unfettered discretion to make whatever regulation it thinks is appropriate based on nothing other than the agency’s subjective judgment." Well said, the case by case site determinations this agency makes are in many cases unsubstantiated by the situational realities of the particular workplace. The appeals process is poor at best and can be punitive in nature if you challenge their findings. Time to end this charade.