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OSHA Constitutionality Challenge

Included in this email you will find a link to an article from WorkCompCentral about a challenge to the constitutionality of OSHA that will soon be argued in the federal Court of Appeals for the Sixth Circuit. This lawsuit was inevitable after the Supreme Court’s decision on the OSHA mask-or-vaccinate rule for employers of over 100 employees in which the Supreme Court held that OSHA exceeded its authority by trying to regulate workplace exposure to pathogens. Industry groups now contend that the entirety of the authority delegated to OSHA by Congress was too broad and too vague and thus the entire Act should be struck down. It seems likely that this case will go to the Supreme Court after the Sixth Circuit’s decision.

Links to the main briefs in the case and several of the amicus briefs are:


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