U.S. Representative Andy Biggs (R) of Arizona has introduced a bill aimed at abolishing the Occupational Safety and Health Administration (OSHA). The proposed legislation, titled the “Nullify Occupational Safety and Health Administration Act” or “NOSHA Act,” 

Key Points of the Bill

The NOSHA Act seeks to:

1. Repeal the Occupational Safety and Health Act of 1970
2. Abolish OSHA as a federal agency

Representative Biggs argues that workplace safety issues should be handled by state governments and private employers rather than the federal government. He contends that Arizona and other states have the constitutional right to establish and implement their own health and safety measures.

Background and Context

OSHA was established in 1970 under President Richard Nixon in response to several catastrophic workplace incidents. Since its inception, the agency has been credited with contributing to a significant reduction in workplace fatalities and injuries. According to OSHA, worker deaths dropped from an average of 38 per day in 1970 to 13 per day in 2020.

However, OSHA has faced criticism and controversy over the years. The agency’s attempt to implement a COVID-19 vaccine-or-test mandate for large employers in 2021 was struck down by the Supreme Court, fueling arguments that OSHA had overstepped its authority.

Since its establishment in 1971, the Occupational Safety and Health Administration (OSHA) has had a significant impact on workplace safety in the United States. The statistics over the years demonstrate a clear improvement in occupational safety and health:

Reduction in Workplace Fatalities

• In the first year of OSHA’s existence, approximately 38 workers were killed on the job every day.
• By 2020, with a workforce more than twice as large, that figure had dropped to about 13 deaths per day.
• Overall, workplace fatalities have decreased by approximately 60-66% since OSHA’s establishment.

Decrease in Nonfatal Injuries and Illnesses

• The incidence rate of nonfatal injuries and illnesses in private industry workplaces has fallen dramatically, from 10.9 cases per 100 full-time equivalent workers in 1972 to 2.8 cases in 2018.
• There has been an estimated 70% decrease in nonfatal occupational injuries and illnesses since OSHA’s inception.

Recent Statistics

• In 2023, there were 5,283 fatal work injuries, which equates to 3.5 fatalities per 100,000 full-time equivalent workers.
• Despite the overall long-term downward trend, there have been some fluctuations. For instance, in 2022, nonfatal injuries rose by 4.5% (2.3 million cases), and nonfatal illnesses increased by 26.1% (460.7 thousand cases), largely due to a 35.4% rise in respiratory illnesses.

Impact on Specific Industries

• The construction industry, known for its high risks, had an incidence rate of 3.5 cases per 100 workers in 2020, while the finance and insurance sector had a much lower rate of 0.6 cases per 100 workers.

Effectiveness of OSHA Inspections

• Studies have shown that OSHA inspections can lead to a decrease in injuries for several years after a workplace is inspected.
• A study of Cal/OSHA inspections showed a 9.4% drop in injury claims and a 26% average savings on workers’ compensation costs in the four years following an inspection.

The proposed bill has sparked intense debate over workplace safety and government oversight:

Supporters argue:

• Federal involvement in regulating workplace safety should be reduced
• States and private employers are capable of handling safety measures
• OSHA represents government overreach

Critics warn:

• Abolishing OSHA could leave workers vulnerable to unsafe conditions
• Low-income and minority workers may be disproportionately affected
• The bill could lead to a regression in workplace safety standards

Sally Greenberg, CEO of the National Consumers League, stated that repealing OSHA would “endanger workers by dismantling the very safeguards that have contributed to a decrease in workplace injuries and fatalities for over five decades”.

Historical Context and Previous Attempts

This is not the first time Representative Biggs has introduced such legislation. He proposed a similar bill in 2021, which did not succeed. The current proposal comes in the context of broader efforts by some Republicans to reduce federal regulations and agencies.