“ If they mean the statute itself is so broadly worded that it covers any conceivable danger even without any nexus to conditions of employment in the workplace, then the statute itself is unconstitutional for granting legislative powers to agencies that can only be exercised by Congress.”
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Hear, hear! How is the constitution to be enforced? Sadly, that’s a valid question today.
I glanced at the opinion: it looks like the majority chose option (b), that OSHA can regulate any hazard in the workplace regardless of its source. In this reading, OSHA could issue a mandate that company cafeterias serve healthy food, regardless of the fact that the regulatory power over the meaning of “healthy food” lies with the FDA and state and local health departments. “Healthy food” has no nexus connecting it inherently to the workplace, unlike solvents or work practices that are inherently and specifically tied to working conditions.