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Industry Resists OSHA's 'Erroneous' Chevron Claim On 'Controlling' Employer

January 02, 2018
Construction industry groups are charging that OSHA has taken “an erroneous view” of the Chevron legal doctrine that grants agencies deference to interpret vague statutes, and suggesting the case -- in which the agency is seeking to preserve its enforcement authority -- could tee up Supreme Court review of whether such deference is consistent with federal law. In a Dec. 27 amicus brief in the case Acosta v. Hensel Phelps Construction Co., groups including the National Association of Home...

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