Buckeye Reporter

Columbus, OH - The Buckeye Institute, in collaboration with the Manhattan Institute, has taken a stand against the delegation of legislative powers to agencies, particularly the Occupational Safety and Health Administration (OSHA).

In the case of Allstates Refractory Contractors v. Su, The Buckeye Institute filed an amicus brief urging the U.S. Supreme Court to intervene and ensure that Congress provides clear direction to OSHA on regulating workplace safety. David C. Tryon, director of litigation at The Buckeye Institute, emphasized the shortcomings of the current system, stating, "Under the Occupational Safety and Health Act, Congress did little more than tell the Department of Labor to do anything that was ‘reasonably necessary or appropriate’ to ensure workplace safety."

The crux of the argument put forth by The Buckeye Institute is that the vague standard OSHA relies on for imposing regulations violates the nondelegation doctrine, which prohibits Congress from delegating its legislative powers to other entities. Tryon further asserted, “While that may sound good, this vague and ill-defined standard is unenforceable and unconstitutional."

The Buckeye Institute's brief contends that overturning this aspect of the Occupational Safety and Health Act would not jeopardize worker or workplace safety. The Institute backs this claim with references to OSHA research and other existing laws and programs that safeguard workplace safety.

The Manhattan Institute joined forces with The Buckeye Institute in presenting this argument, underscoring the significance of the issue at hand.

The debate over the delegation of legislative powers to agencies is a critical one, with implications for how regulations are formulated and enforced in the realm of workplace safety. The outcome of Allstates Refractory Contractors v. Su could have far-reaching effects on the balance of power between Congress and regulatory bodies like OSHA.