‘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. Quick Hits The Sixth Circuit’s decision in Ohio Telecom Association v. FCC provides a framework for federal agencies, such as OSHA, to issue new regulations that are materially different from previously disapproved rules without violating the CRA. The decision clarifies that the CRA does not impose a permanent ban on regulating the same topic, as long as the new rule is not “substantially the same” as the disapproved one. Under the Sixth Circuit’s “substanti...