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 (D.C. Cir. 1991)
OSHA (defendant) issued a broad 'Lockout/Tagout' regulation covering hazardous energy sources across virtually all equipment in nearly every industry, relying on section 3(8) of the Occupational Safety and Health Act, which authorizes standards 'reasonably necessary or appropriate' for safe employment, and taking the position that it could impose any restriction so long as it was feasible. A separate provision, section 6(b)(5), limits OSHA's discretion specifically for standards addressing toxic materials or harmful physical agents. Labor and industry representatives (plaintiffs) challenged the regulation as an unconstitutional delegation of legislative authority for standards issued under section 6(b) generally but outside section 6(b)(5)'s scope.
Whether courts may defer to an agency's interpretation of its own statutory delegation when that interpretation is unreasonable.