International Workers’ Memorial Day is observed annually on April 28th. This date coincides with the anniversary of the Occupational Safety and Health Act (OSH Act) in the United States, which was enacted in 1970. The day serves as a global occasion to honor the sacrifices made by workers and to reinforce efforts to protect those at risk of injury or illness in the workplace.
As Workers’ Memorial Day approaches, Republican Representative Andy Biggs (AZ) has introduced legislation to eliminate the Occupational Safety and Health Administration (OSHA). His bill, titled NOSHA—Nullify OSHA—proposes eliminating OSHA and transferring workplace safety protections to state control.
This is not the first attempt by Representative Biggs or other Republicans to dismantle the agency. In 2021, he proposed similar legislation in reaction to OSHA’s enforcement of COVID-19 vaccination measures under President Biden. The 2021 proposal did not pass, and many political analysts believe the current version will also face significant obstacles. However, unforeseen outcomes are always possible.
Since its establishment, OSHA has significantly contributed to reducing workplace fatalities and injuries. In 1970, the year of its founding, there were 14,000 work-related deaths, 2.5 million disabling injuries, and 300,000 new cases of occupational diseases. At that time, the work-related fatality rate was approximately 20 per 100,000 workers. By 1992, this rate had decreased to 5.2 fatalities per 100,000 workers, and by 2009, it had further declined to 3.5 fatalities per 100,000 full-time equivalents. Unfortunately, the rate has remained relatively stable at around 3.3 to 3.7 fatalities per 100,000 workers over the past 15 years. Maintaining current safety levels without OSHA’s oversight may prove challenging.
Representative Biggs advocates for states to assume control. However, “state plans” are specifically designed to protect state and local government employees, a group outside OSHA’s direct jurisdiction. Currently, 22 state plans approved by OSHA cover all eligible workers including Puerto Rico, while an additional seven plans focus solely on state and local government employees. In these situations, OSHA continues to oversee private-sector workers.
For a state to obtain OSHA approval for its plan, it must demonstrate that worker protections are “at least as effective” as OSHA’s regulations, meaning that state regulations and enforcement efforts must meet or exceed OSHA’s standards. For example, California’s regulations often surpass OSHA’s requirements.
The process of achieving OSHA approval is rigorous. Nevada received initial approval in 1974 but only gained final approval in 2000. Hawaii obtained final approval in 1984 but saw OSHA intervene in 2012 due to staffing and budgetary issues before regaining control. Arizona’s state plan faced scrutiny in 2022, with OSHA proposing revocation due to prolonged non-compliance with effective standards.
**A Varied Landscape**
Most state plans heavily rely on OSHA-developed regulations due to resource constraints. Without OSHA’s guidance, a fragmented system of state regulations could emerge, complicating compliance for safety professionals working across multiple states. Unlike workers’ compensation, which addresses incidents post-occurrence, safety standards require ongoing proactive measures.
A unified set of safety standards simplifies compliance and enhances worker protection.
**We Need a Strong OSHA**
Workers need to be able to fully exercise their rights to a workplace free from recognized hazards, including the ability to report injuries and illnesses without retaliation, raise unsafe working conditions, be able to fully utilize stop work authority, come home unharmed at the end of the workday and be fully compensated when the job has injured or made them ill.
This requires refocused national attention, energy and action on the enormous role and impact job safety and health agencies play to provide workplace oversight and prevent the disease, injuries and death that plague working people across the country. There must be new dedication and leadership to substantially increase their resources to protect workers, and address ongoing and emerging safety and health problems. Employers and elected leaders must recognize that employment is a significant determinant of health and take leadership to make workplaces safer.
Congress continues to fund job safety at stagnant levels, allowing an OSHA budget that still only amounts to $3.93 to protect each worker covered by the OSH Act. Existing and emerging hazards continue to grow the portfolio and responsibilities of OSHA and other job safety agencies, without increased funding, not even to match inflation. At these levels, the agencies continue to have a paltry number of staff to write standards, analyze data, conduct inspections, conduct needed research on important hazards and respond to emerging threats.
