‘Hard Row to Hoe’: Judges Skeptical of Difficulty to OSHA Rulemaking

Appellate Judge Richard Griffin appeared doubtful of an Ohio building and construction business’s nondelegation obstacle to the Occupational Security and Health Administration’s office security rulemaking authority, questioning why it was brought years after Congress passed the statute.

Throughout oral arguments Thursday, Griffin, of the U.S. Court of Appeals for the Sixth Circuit, went back and forth with a Jones Day lawyer questioning the basis for the claim, which declares Congress incorrectly turned over its legal power to OSHA when legislators developed the firm in 1970.

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