The Supreme Court decided not to hear a challenge against the Occupational Safety and Health Administration (OSHA), a federal agency overseeing workplace safety. Conservative Justice Clarence Thomas criticized OSHA as having “far-reaching” authority that endangers Americans’ constitutional rights.
On Tuesday, the justices declined to consider a case questioning OSHA’s constitutionality. Right-wing legal groups and 23 Republican attorneys general supported this argument.
The challengers hoped to find support in the court, especially following two significant rulings that weakened regulatory agencies and the government’s ability to prosecute lawbreakers.
However, only Justices Thomas and Neil Gorsuch favored hearing the case.
Thomas, in his dissent, stated, “Congress purported to empower an administrative agency to impose whatever workplace-safety standards it deems ‘appropriate.’ That power extends to virtually every business in the United States. The agency claims authority to regulate everything from a power lawnmower’s design to the level of ‘contact between trainers and whales at SeaWorld.’”
The case originated from an OSHA fine against an Ohio contractor after a worker sustained injuries from a broken catwalk at a worksite.
Subsequently, the company sued President Joe Biden’s administration, arguing that OSHA’s authority to set “reasonably necessary or appropriate” safety standards violates Congress’ constitutional law-making powers.
An appeals court, however, rejected this argument, leading the company to appeal to the Supreme Court.
Thomas wrote, “The Occupational Safety and Health Act may be the broadest delegation of power to an administrative agency found in the United States Code. If this far-reaching grant of authority does not impermissibly confer legislative power on an agency, it is hard to imagine what would.”
Interestingly, the court’s decision not to hear the case coincided with the Biden administration’s announcement of extensive OSHA protections for workers against heat. These protections mark the first significant regulations aimed at preventing heat-related deaths on the job.