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Introduction The Occupational Safety and Health Administration (OSHA) recently announced its intention to begin a standard-setting process on workplace heat exposure. (1) Since OSHA began public deliberations about regulating occupational [...]

Introduction State governments made major changes in how workplace accidents were compensated when they passed workers' compensation laws between 1911 and 1948. The laws required employers to provide compensation to [...]

Introduction It has been fifty years since the National Commission on State Workmen's Compensation Laws released its landmark report concluding that the workers' compensation system in the United States 'was [...]

I. INTRODUCTION 670 II. WORKER SAFETY 671 A. The Occupational Safety and Health Act 671 1. Employer's Willful Violation of a Standard Causing Death 672 a. Elements of the Offense [...]

The Occupational Safety and Health Act of 1970 authorized the US Secretary of Labor to set 'mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by [...]

On January 13, 2022, the Supreme Court blocked the Biden Administration's vaccine-or-test mandate, a measure meant to save thousandas of lives amid a once-in-a-century pandemic. Justice Gorsuch's concurrence suggested that the Court's decision vindicated the nondelegation doctrine, even if indirectly. Gorsuch argued that Congress could not be left to its own devices because open-ended delegations corrupt congressional incentives. The Gorsuch concurrence marks the triumph of a new pitch for judicial self-aggrandizement this Article calls 'Americana administrative law.' Rather than hyping the threat of executive aggrandizement, nondelegationists are deploying cynical and declinist notions of Congress to justify judicial self-aggrandizement. The 'Americana' in Americana administrative law comes from nondelegationists' attempt to restore an idealized Congress that has never worked as cleanly as they suppose. Beyond the nondelegation doctrine, the administrative law literature often justifies judicial interventions with claims of congressional 'gridlock,' partisanship, and decline. This Article has two main contributions. First, this Article describes the rise of Americana administrative law from the 'constitutional politics' around the nondelegation doctrine. I provide a genealogy for this approach and frame it as a pitch for judicial self-aggrandizement. Second, this Article provides a corrective. The courts are neither above nor outside separation-of-powers conflicts. They are instead participants in the ongoing interbranch contest for the ability to determine outcomes. Americana administrative law ignores much of what we know about Congress. Congress is an evolving body at the end of a centuries-long experiment with legislatures. It has developed 'hard' and 'soft' powers that allow it to realize its agenda and defend itself from the other branches. This Article argues that the law and the literature should drop the pretense that judicial doctrine can 'fix' an institution as complex as Congress., Table of Contents Introduction I. The Centrality of Congress in Our Administrative Law A. CONGRESS AS A SUBJECT AND AN OBJECT OF ADMINISTRATIVE LAW DOCTRINE B. EPICYCLES OF ANTI-ADMINISTRATIVISM AND [...]

Systemic barriers related to stigma and subordination at work exist because of menstruation and related conditions. This results from the failure of many workplaces to acknowledge, anticipate, or accommodate the [...]

In 1970, Congress enacted the Occupational Safety and Health Act (1) (OSH Act). As part of its comprehensive framework for promoting safe working conditions, the statute empowered the Occupational Safety [...]

As the United States remains in the grip of the COVID-19 pandemic, significant attention has been placed on the Occupational Safety and Health Administration ('OSHA' or the 'Agency') and the [...]

UNTIL an effective vaccine is widely available, it is impossible for any college to be completely safe. Yet many institutions are planning to resume residential life in August. Much has [...]

Absenteeism can make otherwise sane managers apoplectic. Ask yourself how a sane manager would function if 40 percent of the workforce were absent for six to eight weeks. This is [...]

Since September 11, the overall parameters of workplace safety planning would seem to have broadened. Previously, safety plans focused on workplace violence and facility-specific emergencies such as fires and hazardous [...]

Byline: Ken Roy OSHA's Hazard Communication Standard (HazCom) requires chemical manufactures to provide material safety data sheets (MSDS) for hazardous chemicals. Because HazCom is considered a performance standard, it does [...]

* Legal exceptions to the general prohibition against disability discrimination recognise the conflicting obligations for employers * Frequently asked questions on dealing with employees who can't return to their pre-injury [...]

When the U.S. Occupational Safety and Health Act (OSHA) became law in the 1970s, a line heard often was 'OSHA is not a small town in Wisconsin.' Similarly, those faced [...]