Whether Congress's delegation of authority to write 'reasonably necessary or appropriate' workplace-safety standards violates Article I of the U.S. Constitution

QUESTION PRESENTED Congress gave the Occupational Safety and Health Administration (OSHA) the power to write permanent safety standards for virtually every business in America. Both the majority and dissent below agreed that this rulemaking authority, which imposes billions of dollars of costs each year, tasks OSHA with resolving “important choices of social policy.” Indus. Union Dep’t v. Am. Petroleum Inst., 448 U.S. 607, 685 (1980) (Rehnquist, J., concurring in the judgment). The government has never contended otherwise. And the sole statutory limit on this sweeping power over major policy questions is that these standards must, in OSHA’s view, be “reasonably necessary or appropriate” for a “safe” workplace. 29 U.S.C. §§ 652(8), 655(b). The question presented is: Whether Congress’s delegation of authority to write “reasonably necessary or appropriate” workplace-safety standards violates Article I of the U.S. Constitution.