‘Still the Same’? How a Sixth Circuit Decision Could Reopen the Door to OSHA Ergonomics Rules
The Sixth Circuit’s recent decision in Ohio Telecom Association v. FCC, Nos. 24-3133/3206/3252 (August 13, 2025), offers a powerful road map for agencies looking to regulate after Congress has used the Congressional Review Act (CRA) to strike down prior rules. For the Occupational Safety and Health Administration (OSHA), which saw its 2000 ergonomics standard disapproved under the CRA in 2001, this decision suggests a viable path to craft new, materially different ergonomics regulations without violating the CRA.
