Following recent political trends, the Occupational Safety and Health Administration (OSHA) faces potential elimination.
Arizona Representative Andy Biggs, a Republican, recently reintroduced legislation to abolish OSHA, a bill dubbed the “Nullify Occupational Safety and Health Administration Act,” or “NOSHA.”
What would the abolishment of OSHA entail? Let’s examine the implications.
OSHA’s Role
OSHA’s mission is to ensure safe and healthy American workplaces. According to [expert name], former OSHA Assistant Secretary of Labor, employers are legally obligated to provide safe work environments, a responsibility OSHA enforces.
Since its establishment in 1970 under President Nixon, OSHA has set standards addressing numerous workplace hazards, from limiting exposure to harmful substances to promoting safer working conditions. The AFL-CIO attributes nearly 700,000 lives saved to these safety standards.
Republican Opposition to OSHA
OSHA’s position has been politically contentious. Biggs’ initial proposal to abolish OSHA in 2021 followed OSHA’s enforcement of COVID-19 vaccination measures under the Biden administration. This mandate, later blocked by the Supreme Court, required employers with 100 or more employees to mandate vaccination or implement masking and regular testing for unvaccinated workers.
Biggs’ 2021 bill had nine cosponsors but failed to progress to a vote. His current bill lacks cosponsors.
However, Biggs isn’t alone in his criticism. Last year, an Ohio contractor, backed by 23 Republican state attorneys general, petitioned the Supreme Court, challenging OSHA’s authority as unconstitutional. While the Supreme Court declined the case, Justice Clarence Thomas acknowledged the issue’s importance.
Biggs’ renewed bill aims to reduce government size, limit federal workplace intervention, and transfer regulatory authority to states, as stated in a video outlining his rationale.
Biggs cited constitutional concerns regarding federal workplace regulation. He specifically highlighted concerns about OSHA’s uniform heat standards, arguing they unfairly penalize warm-climate states like Arizona.
Consequences of OSHA’s Abolishment
According to Michaels, abolishing OSHA would create a “race to the bottom,” potentially leading companies to cut corners on worker safety, especially if competitors do the same. The incentive for worker protection would diminish.
States with federally approved OSHA State Plans could partially fill the gap. However, Michaels argues against sole reliance on state-level regulation. Current law doesn’t mandate state-level workplace safety regulation; it only requires that state regulations, if adopted, meet or exceed federal standards.
Even with state plans, inconsistencies exist. Arizona, despite having a State Plan, has policy discrepancies compared to federal OSHA, such as in fall protection for residential construction workers. Maintaining national workplace safety standards is deemed the most effective worker protection approach.