Supreme Court Declines to Hear Challenge to OSHA

Supreme Court Declines to Hear Challenge to OSHA's Authority

Allstates Refractory LLC’s appeal was rejected as the courts continued to debate agency power.

On July 2, 2024, the Supreme Court declined to hear a challenge brought forward by Ohio-based construction contractor Allstates Refractory LLC that could have weakened OSHA. 

According to The Hill, the case was backed by Republican-led states and anti-regulatory groups. Allstates Refractory—which provides furnace services to the glass, metal, and petrochemical industries—argued Congress unconstitutionally delegated its legislative powers to the executive branch by granting OSHA authority to set and enforce workplace standards. 

Despite support from Justices Clarence Thomas and Neil Gorsuch—who publicly stated they would have taken up the case—the appeal was turned away. The court’s brief order followed a lower court's decision to reject the challenge. Justice Thomas declared evaluating the constitutionality of OSHA’s authority as an “undeniably important” question worth addressing. 

Allstates Refractory LLC—which was represented by Don McGahn, former White House counsel under President Trump— was supported by 23 Republican state attorneys general and various libertarian legal groups in this effort. They aimed to reduce the "administrative state" following recent Supreme Court rulings that favored conservative and anti-regulatory positions. 

The Supreme Court’s refusal to hear the OSHA case maintains the status quo but leaves the door open for future challenges to the delegation of legislative powers to federal agencies. In turn, this could significantly impact the stability of current workplace safety regulations.

About the Author

Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety.

Product Showcase


    FOR HIGHEST DEMANDS. A cutting tool in which function and design go hand in hand. Meet the SECUPRO MARTEGO, our prize-winning squeeze-grip safety knife with fully automatic retractable blade for safety. • Ergonomically friendly trigger mechanism to engage the blade • Durable body made of aluminum • Safer alternative to fixed blade utility knives for general cutting tasks • 9 mm Cutting depth • Easy, tool free blade change Dimensions: L 6.10" L x 0.71" W x 1.91" H Weight: 3.70 oz Cutting Depth: 9 mm Read More

  • Safety Shower Test Cart

    The Safety Shower Test Cart speeds up and simplifies emergency shower tests, ensures you stay in compliance with OSHA regulations, and significantly reduces testing costs. With 7 unique features, the cart makes testing easy, effective, and efficient. You can test water clarity, flow, temperature, and spread—all at the same time! Most safety shower testing kits create a mess, take too much time to use, and don't fully help you stay in compliance with OSHA & ANSI standards. Transform the way you test emergency showers with Green Gobbler Safety. Read More

  • The MGC Simple Plus

    The MGC Simple Plus is a simple-to-use, portable multi gas detector that runs continuously for three years without being recharged or routinely calibrated after its initial charge and calibration during manufacturing. The detector reliably tests a worksite’s atmosphere for hydrogen sulfide, carbon monoxide, oxygen and combustible gases (LEL). Its durability enables the detector to withstand the harshest treatment and environments, hence earning it an IP 68 rating. The MGC Simple Plus is also compatible with a variety of accessories, such as the GCT External Pump. Visit for more information. Read More


Artificial Intelligence