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Federal Court Ruling in Texas Challenges OSHA’s Administrative Law Judge System
In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the Occupational Safety and Health Administration’s (OSHA) adjudication procedures would be subject to a slew of constitutional challenges. It appears that our prediction is coming to fruition.
On the heels of the Supreme Court’s June 2024 decision in Securities and Exchange Commission v. Jarkesy, which barred the use of administrative law judges (ALJs) in certain matters before the U.S. Securities and Exchange Commission (SEC), a senior district judge of the U.S. District Court for the Southern District of Texas has expanded the bar to include ALJs employed by the U.S. Department of Labor (DOL), which would include the body that adjudicates disputes employers have with the Occupational Safety and Health Administration (OSHA).
