Arizona State Representative Andy Biggs (R) made shock waves earlier this month by announcing that he was drafting a bill that would eliminate the U.S. Occupational Safety and Health Administration (OSHA).
President Richard Nixon first signed OSHA into law in 1970. Since its inception over 50 years ago, OSHA has aimed to keep Americans safe and healthy at work. According to TIME, it has set standards on potential workplace hazards, such as limiting exposure to harmful substances, avoiding falls and other on the job injuries. Just this summer, OSHA was taking a vote whether or not to include protections over extreme heat during summer weather. The American Federation of Labor and Congress of Industrial Organization reports that almost 700,000 lives have been saved because of the safety standards that OSHA has established.
The bill, called the Nullify Occupational Safety and Health Administration act, has been nicknamed “NOSHA” to those familiar with it. Biggs said that the bill falls within the “spirit of President Trump’s effort to reduce the size and scope of the government,” stating in a hearing that the elimination of OSHA “will return to the states authority to regulate workplace health and safety.”
This isn’t the first time that Biggs attempted to abolish OSHA. In 2021, he drafted a legislation after the agency began enforcing COVID-19 vaccination measures under the Biden Administration. The policy at that time required employers with at least 100 workers to either mandate the vaccine or require unvaccinated workers to mask on the job and undergo regular testing. The measure was quickly blocked by the Supreme Court, allowing Biggs to withdraw his draft of the bill.
Biggs isn’t the only government official to disapprove of the agency. This past summer, Supreme Court Justice Clarence Thomas was ready to challenge OSHA’s existence after the Court considered the case of Allstates Refractory Contractors vs. Julie A. Su, Acting Secretary of Labor, in which the Ohio-based general contractors argued that OSHA is unconstitutional. The case was eventually passed on, much to Thomas’ disapproval stating, “Congress purported to empower an administrative agency to impose whatever workplace-safety standards it deems appropriate. That power extends to virtually every business in the United States.”
OSHA already works with state programs to improve workplace safety. Currently 22 states or territories have federally approved OSHA state plans. However, relying on state-level regulation alone could potentially put more workers at risk. In 2023 alone, 5,283 workers died in workplace accidents, while 1,538,299 injuries and illnesses occurred in the same year. That number could further increase as current law does not require states to regulate workplace safety. According to TIME, if states choose to regulate safety, they must set policies that are at least as effective as those spelled out by federal OSHA.
It is unclear whether or not the bill will be backed by more representatives. At this time, Biggs is the only sponsor.
Mackenna Moralez is the associate editor of the facilities market.
