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International Union, United Automobile Aerospace & Agricultural Implement Workers of America, UAW v. Occupational Safety & Health Administration
United States Court of Appeals for the District of Columbia
938 F.2d 1310 (1991)
The Occupational Safety and Health Administration (OSHA) (defendant) issued a regulation entitled “Control of Hazardous Energy Sources (Lockout/Tagout).” The terms “lockout” and “tagout” in the regulation referred to two procedures designed to reduce workplace injuries. The regulation applied to virtually all equipment in almost all industries. OSHA took the position that it could impose any restriction it chose to as long as the restriction was feasible. It based this position on the text of § 3(8) of the Occupational Safety and Health Act (Act), which provides that OSHA may issue standards that are “reasonably necessary or appropriate to provide safe or healthful employment and places of employment.” Section 6(b)(5) of the Act limits OSHA’s discretion when promulgating standards that deal with toxic materials or harmful physical agents. Representatives of labor and industry (plaintiffs) challenged the regulation in federal court on the ground that the Act was an invalid delegation of legislative authority with respect to rules issued under § 6(b) of the Act, but not covered by § 6(b)(5).
Rule of Law
Holding and Reasoning (Williams, J.)
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