Appellate Judge Richard Griffin seemed skeptical of an Ohio construction company’s nondelegation challenge to the Occupational Safety and Health Administration’s workplace safety rulemaking authority, questioning why it was brought decades after Congress passed  the statute.

During oral arguments Thursday, Griffin, of the U.S. Court of Appeals for the Sixth Circuit, went back and forth with a Jones Day attorney questioning the basis for the lawsuit, which claims Congress improperly handed over its legislative power to OSHA when lawmakers created the agency in 1970.