Manesh Rath Quoted in Inside OSHA Article on Suits Over OSHRC Structure

Keller and Heckman Partner Manesh Rath was quoted in the Inside OSHA article, “Employer Attorneys See Suits Over OSHRC Structure Bound For High Court.” The article refers to Keller and Heckman’s November 20, 2024, OSHA 30/30 webinar, where Manesh examined Kenric Steel v. Department of Labor (DOL), et al., a case in which a steel fabricator is arguing that the Occupational Safety and Health Review Commission (OSHRC) is “unconstitutionally structured.”

According to Manesh, this case poses various legal questions that could require a resolution by the Supreme Court. “Once you get a sufficient number of cases creating a circuit split,” explained Manesh, “maybe then we’ll go to the Supreme Court. It could take a while.”

Manesh also noted that Securities and Exchange Commission (SEC) v. Jarkesy is of particular significance here. “If I understand the Kenric Steel argument, they would have the Supreme Court revisit SEC v. Jarkesy in a manner that would affect the entire administrative law system . . . at least the administrative law judge system,” said Manesh.

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