Congresswoman Dina Titus of Nevada’s Third District introduced the Ensuring Worker Safety Act (H.R. 4864) this morning. The legislation aims to protect workers by assuring that state OSHA plans are at least as effective as federal standards and enforcement, while protecting states’ rights by giving OSHA additional options when a state plan is found to be underperforming.
“The tragic deaths of numerous workers in Southern Nevada highlighted the need to ensure that state OSHA plans are doing their job of protecting workers,” Congresswoman Titus said. “Unfortunately under current law, federal OSHA is left with only two options, both at the extreme end of the spectrum, when it finds state plans that are ineffective. This legislation provides OSHA with an important middle ground so it is not left with the choice of doing nothing or the drastic step of terminating a state plan. ”
The Occupational Safety and Health Act of 1970 sets out a federal-state framework for workplace safety and health. Under existing law, states may either apply to the federal Department of Labor to operate their own state health and safety program or remain under federal OSHA authority. To be approved, states must demonstrate that their program standards and enforcement are “at least as effective” as federal OSHA. Currently, there are 22 states and territories, including Nevada, where health and safety enforcement is done by state health and safety programs.
Once federal OSHA issues final approval for a state plan, OSHA is extremely limited in its authority to hold state plans accountable. If OSHA determines that an approved state plan is not “at least as effective as” federal standards and enforcement, its only recourse to compel changes to an underperforming program is to terminate the state plan, a drastic step that would remove state control, leave state and local government employees unprotected, and add costs to DOL for funding and running a health and safety program in the state.
Specifically, the Ensuring Worker Safety Act establishes a formal mechanism for OSHA to identify a problem with a state plan and compel a remedy without beginning the process for withdrawing approval. It also ensures the continued application of health and safety regulations by providing OSHA with concurrent enforcement authority while a state plan is remedying deficiencies. Finally, the bill holds federal OSHA accountable for providing strong oversight and guidance to state plans by establishing a regular Government Accountability Office study – one every five years – to look at the effectiveness of state plans and the Secretary of Labor’s oversight of such plans.
A number of deaths on the job led to Nevada being the first state in the country to have an in-depth review that highlighted the problems facing Nevada OSHA. This review made it clear to Titus that federal OSHA needs an additional option to work with states that are not meeting federal standards.
