Lawsuit Challenges Constitutionality of Occupational Safety and Health Act

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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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3 Comments

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Sean Hayes Feb 3, 2023 a 8:31 am 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 9:05 am 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 9:54 am 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.