Amato v. Jewell Painting, Inc.

By Judge John E. Wetsel, Jr.

This case comes before the court on the Defendant’s Plea in Bar asking the court to dismiss the Bill of Complaint because the statute providing for enforcement of the Virginia Occupational Safety and Health Standards constitutes an unconstitutional delegation of legislative power and because the Commissioner of Labor failed to file the Bill of Complaint as prescribed by the statute. The Court will consider the procedural ground first, because, if the suit is tainted by the Commissioner’s delay in filing the suit, there is no need to address the substantive…