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Regulatory Authority › Occupational Safety and Health Administration › Rulemaking Process

Warner Norcross + Judd

OSHA Proposes Rule Excluding Inherently Risky Professional Activities from Scope of General Duty Clause

Warner Norcross + Judd on

Last week, the Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking (Proposed Rule) to clarify the application of the General Duty Clause of the Occupational Safety and Health Act to...more

Littler

OSHA in the Post-Chevron Era: What’s Next for the Agency?

Littler on

On June 28, 2024, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, overturned its four-decade long Chevron doctrine announced by the Court in its landmark decision of Chevron U.S.A. Inc....more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

Parker Poe Adams & Bernstein LLP on

Under constitutional law, the nondelegation doctrine prevents Congress from adopting laws that give administrative agencies overly broad discretion to adopt regulations that usurp its legislative authority. Recently, the...more

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