In America, each of the three branches of government established by our Constitution operates separately with firm checks and balances so that no single branch becomes too powerful. But what happens when one branch refuses to do its job, instead giving its powers away to another?
That is what is happening with the Occupational Safety and Health Administration (OSHA), so Southeastern Legal Foundation (SLF) is stepping in and suing on behalf of Texas farming associations together with Texas Public Policy Foundation (TPPF). Congress—and only Congress—is supposed to create new laws. But rather than do its duty, it has abdicated and handed its powers over to the executive branch, giving the agency the power to set “any occupational safety or health standard” for every single employer in the United States. Congress didn’t give any further guidance beyond directing the agency to make sure its rules are “necessary and appropriate,” but didn’t even define what those words mean.
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SLF and TPPF represent Texas International Produce Association and Texas Vegetable Association in federal court in Texas, who are forced to follow rules that require frequent trainings and action plans that take their time away from farming and drive up costs. One rule requires farmers to take tractor-driving safety trainings every year, even though many of these farmers have driven tractors for decades on their family-owned farms. Another rule requires farmers to keep a designated employee formally trained in first aid, even though everyone knows how to apply a band-aid. In its lifetime, OSHA has issued nearly 10,000 rules for employers to follow. Worse, the rules apply whether someone employs 500 farmers or just 1 other farmer, and if small employers don’t know about or otherwise fail to follow the rules, they could face debilitating consequences up to and including $10,000 fines.
As SLF explains in its lawsuit, this action by Congress, or lack thereof, hands direct control to unelected bureaucrats to make decisions for every American employer. If employers, farmers, and small business owners don’t like the bureaucrats’ decisions, they can’t vote them out of office like they could with Congress. This complete abandonment of duties further bloats the administrative state, undermines checks and balances, and opens the door to tyranny and power grabs.