Spencer Fane attorney Andrew Brought was recently featured in two December 2021 articles for Inside Washington Publishers covering the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), and the authority for administrative agencies to enact regulations.
In the article in Inside EPA titled “High Court’s Review Of Vaccine Rules Could Set New Limits On EPA Powers,” Andrew explained how OSHA’s power concerning vaccine mandates could impact the EPA’s constitutional authority to implement national rulemaking in the future. A favorable outcome from the Supreme Court could “identify an alternative mechanism that you might begin to see petitioners start to use in challenging rulemakings.”
Titled “OSHA Urges 6th Circuit To Lift ETS Stay As High Court Review Looms,” the second article in Inside OSHA examines the U.S. Court of Appeals for the 6th Circuit ruling to block the ETS. Andrew noted that it is “important to keep in mind [that the ETS] serves as a proposed rule for a long-term rulemaking.”
Since these articles were published in 2021, there have been numerous developments concerning OSHA’s ETS. To learn more, please click here. Please note that a subscription may be required to access the full articles.