Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

underpants

(182,800 posts)
Fri Sep 10, 2021, 08:40 AM Sep 2021

OSHA Act of 1970 basis of authority is Article 1 Section 8 Commerce Clause


Title:
Basis of authority
https://www.osha.gov/laws-regs/regulations/standardnumber/1975/1975.2

The power of Congress to regulate employment conditions under the Williams-Steiger Occupational Safety and Health Act of 1970, is derived mainly from the Commerce Clause of the Constitution. (Sec. 2(b), Public Law 91-596; U.S. Constitution, Art. I, Sec. 8, Cl. 3; "United States v. Darby," 312 U.S. 100.) The reach of the Commerce Clause extends beyond Federal regulation of the channels and instrumentalities of interstate commerce so as to empower Congress to regulate conditions or activities which affect commerce even though the activity or condition may itself not be commerce and may be purely intrastate in character. ("Gibbons v. Ogden," 9 Wheat. 1, 195; "United States v. Darby," supra; "Wickard v. Filburn, 317 U.S. 111, 117; and "Perez v. United States," 91 S. Ct. 1357 (1971).)

https://www.democraticunderground.com/100215840218

OSHA act of 1970 Section 5 Duties. "recognized hazards"

https://www.osha.gov/laws-regs/oshact/section5-duties

(a) Each employer --

(1)
29 USC 654
shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;

(2)
shall comply with occupational safety and health standards promulgated under this Act.

(b)
Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
4 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
OSHA Act of 1970 basis of authority is Article 1 Section 8 Commerce Clause (Original Post) underpants Sep 2021 OP
K&R 2naSalit Sep 2021 #1
Seems like slightly firmer ground than the CDC order FBaggins Sep 2021 #2
Required to provide safe workplace. That's it in a nutshell Lettuce Be Sep 2021 #3
Thank you for providing. A nice bit of FYI, and for me, good to know, more about the law, OSHA... SWBTATTReg Sep 2021 #4

FBaggins

(26,735 posts)
2. Seems like slightly firmer ground than the CDC order
Fri Sep 10, 2021, 09:39 AM
Sep 2021

but probably not enough firmer to stand up in court for long.

Still... if a few million extra people get jabbed before the order is blocked... it could have significant positive impact.

Latest Discussions»Issue Forums»Editorials & Other Articles»OSHA Act of 1970 basis of...