Small Businesses Challenge OSHA’s Safety Standards in Latest Brief

Date: March 01, 2024

Allstates v. Su concerns whether OSHA’s safety standards are constitutional

WASHINGTON, D.C. (March 1, 2024)NFIB filed an amicus brief in the case Allstates Refractory Contractors, LLC, v. Julie Su at the United States Supreme Court. The case questions whether Congress’s delegation of authority in the Occupational Safety and Health Act to write “reasonably necessary or appropriate” standards for a “safe” workplace violates the Constitution. NFIB argues OSHA’s statutory power to issue those safety standards is unconstitutional.

“Small business owners vote for Congressional representatives to legislate, not unelected federal bureaucrats,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “We are hopeful the Court will hear this case and agree that OSHA does not have the statutory authority to issue workplace safety standards.”

NFIB’s brief makes two main arguments: 1) core constitutional attributes require the application of a strong nondelegation rule, and 2) OSHA’s workplace safety rules are an unconstitutional delegation of the legislative powers. NFIB filed the brief with the American Farm Bureau Federation, National Association of Home Builders, and Restaurant Law Center.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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