They are allowed to by the feds. The allowance is conditional. One of the conditions is that the state OSHA have all the fed rules or more.
This talk by Iowa OSHA is bluster, and will have a very short life in federal court, should SCOTUS decide OSHA has the power that OSHA claims to have.
Article VI of the US constitution, US government is superior to the states. All it takes is for the feds to assert their superiority via the federal court system, and it's a done deal. No state has ever successfully resisted any federal rule that was endorsed by the federal courts.
“No state has ever successfully resisted any federal rule that was endorsed by the federal courts.”
You kinda missed the whole thing with marijuana and illegal alien ‘sanctuaries’ over the last so many years, didn’t you?
The only recourse is pulling the state plan authorization. There is no court option. Arizona is currently under this threat over their refusal to adopt the first ETS in the summer.
“No state has ever successfully resisted any federal rule that was endorsed by the federal courts.”
Legalized marijuana.
Sanctuary Cities for illegals.
Care to rethink that?
L
“Article VI of the US constitution, US government is superior to the states.”
Courts have ruled numerous times against federal mandates directed at states.
Start with US v Printz, which declared that states are sovereign and can’t be forced to carry out federal mandates.