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
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.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
4 replies, 972 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (9)
ReplyReply to this post
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
2naSalit
(86,600 posts)1. K&R
FBaggins
(26,735 posts)2. Seems like slightly firmer ground than the CDC order
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.
Lettuce Be
(2,336 posts)3. Required to provide safe workplace. That's it in a nutshell
SWBTATTReg
(22,121 posts)4. Thank you for providing. A nice bit of FYI, and for me, good to know, more about the law, OSHA...