Monday, February 3, 2025

We cannot simply oblish OSHA


"The Occupational Safety and Health Act of 1970 repealed. The Occupational Safety and Health Administration is abolished."

That's the full text of H.R. 86 — the Nullify Occupational Safety and Health Administration Act — with Representative Andy Biggs introduced in Congress late last week.

In support of his reckless and dangerous legislation, Biggs stated:

"OSHA's existence is yet another example of the federal government creating agencies to address issues that are more appropriately handled by state governments and private employers.… It's time that we fight back against the bloated federal government and eliminate agencies that never should have been established in the first place."

Let's get the obvious out of the way—this bill has a 0.0% chance of becoming law. OSHA is not going anywhere. But that’s not the point.

Our federal agencies are under assault. As a management-side attorney advocate, I frequently challenge how federal labor and employment agencies interpret and enforce our laws. But we cannot lose sight of the critical work these agencies perform. And these these are good people, with good intentions, doing good work.

A nation without OSHA would leave workplace health and safety in the hands of employers to self-regulate—leading to preventable injuries, illnesses, and deaths. More employees would arrive at work with ten fingers and leave with nine. This isn't because employers want workers to be harmed, but because, without clear standards and the fear of enforcement, some will inevitably default to an unacceptable lowest common denominator.

These agencies exist for a reason: they are the subject-matter experts in their fields. We should keep it that way—our workplaces, and the people in them, are safer, and better, because of it.