http://www.oyez.org/issues/unions/osha/ U.S. Supreme Court Decisions, presented by The Oyez Project (www.oyez.org) en-us <p>No details yet.</p> http://www.oyez.org/cases/1980-1989/1980/1980_79_1429/ <p>Does the Occupational Safety and Health Administration have jurisdiction under the Occupational Safety and Health Act to issue citations to uninspected vessels, which are subject to minimal Coast Guard regulation?</p><p>Yes. In an 8-0 opinion delivered by Justice John Paul Stevens, the Court held that OSHA had jurisdiction under the Act to issue the citations. The Court reasoned that section 4(b)(1) did not pre-empt, in favor of Coast Guard jurisdiction, OSHA jurisdiction over the barge, as the Coast Guard had not exercised its authority over the barge because the Guard has neither affirmatively regulated the working conditions at issue, nor asserted comprehensive regulatory jurisdiction over working conditions on uninspected vessels. "Mere possession by another federal agency of unexercised authority to regulate certain working conditions is insufficient to displace OSHA's jurisdiction," wrote Justice Stevens. Justice Antonin Scalia took no part in the decision of this case.</p> http://www.oyez.org/cases/2000-2009/2001/2001_00_927/ <p>Did the Secretary exceed his authority to set standards?</p><p>Yes. The Court agreed with the Court of Appeals that the Secretary had acted without knowledge that the new standard was necessary to "provide safe and healthful employment" as mandated by the Act. Nothing in OSHA's administrative record indicated that exposure to benzene at 10 ppm would cause leukemia and that exposure to one ppm would not. Since the Secretary had not made a threshold finding that exposure to 10 ppm posed significant health risks, he was powerless to promulgate the new standard.</p> http://www.oyez.org/cases/1970-1979/1979/1979_78_911/ <p>No details yet.</p> http://www.oyez.org/cases/1990-1999/1990/1990_89_1541/ <p>No details yet.</p> http://www.oyez.org/cases/1970-1979/1979/1979_78_1870/