Attorney Believes Bill to Abolish OSHA has 'Zero Chance'

A proposed bill aiming to eliminate OSHA at the federal level is unlikely to advance, according to an employment attorney speaking with Construction Dive.

Last month, Rep. Andy Biggs, R-Ariz., introduced the Nullify Occupational Safety and Health Administration Act, seeking to repeal the Occupational Safety and Health Act of 1970, which established OSHA. A similar attempt by Biggs in 2021 failed after being referred to the House Committee on Education and Labor.

“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,” Biggs stated in 2021.

Phillip Russell, an OSHA and employment attorney based in Tampa, Florida, with Ogletree Deakins, said the newly proposed bill has no chance of passing, emphasizing OSHA’s essential role in workplace safety. “I think that’s got zero chance of that thing ever seeing the light of day,” Russell said. “I believe the agency serves an important role, but it just needs to be more focused, it needs to stay within its statutory authority, and it needs to be effective.”

When asked about the possibility of former President Donald Trump supporting the bill, Russell responded, “I really don’t know. There have been so many surprises.”

Even with Trump’s backing, Russell noted, Republicans would need to eliminate the filibuster in the Senate, a scenario he considers unlikely.

Policy Changes

Despite this, recent actions by the Trump administration may still impact OSHA, including halting new rulemaking efforts and pushing for reductions in agency personnel.

On Jan. 20, Trump issued a memorandum instructing executive agencies to suspend the introduction or issuance of rules until they receive approval from a presidentially appointed department head.

Additionally, rules already submitted to the Office of the Federal Register but not yet published were immediately withdrawn, according to a Feb. 4 blog post from Ogletree Deakins.

As a result, this directive appears to stall the implementation of OSHA’s heat injury and illness standard. However, other rules already in place, such as the walkaround rule and a construction requirement for properly fitting personal protective equipment, remain unaffected, according to the blog.

The decision to pause the heat illness rule is “no surprise,” Russell told Construction Dive.

The comment period for the heat rule closed on Dec. 30, and Russell noted that reviewing public input typically takes months. With Trump back in office, the rule is unlikely to be enacted. On Jan. 31, he signed an executive order requiring agencies to identify ten regulations for repeal whenever they propose a new one.

“I don’t think you’re going to feel so strongly about that particular heat illness standard, especially in the light of those public comments opposing it,” Russell said.

Federal Workforce Reduction

Trump’s nominee for the Department of Labor, Lori Chavez-DeRemer, is still awaiting confirmation, and OSHA has yet to name a new head. However, Russell doubts any appointee would prioritize eliminating ten regulations just to implement the heat standard.

The administration has also sought to reduce the federal workforce by offering buyouts to employees. Many federal workers were given the option to resign by last Thursday in exchange for paid leave through the end of September.

A federal judge in Boston has temporarily blocked the buyout program, Reuters reported. However, the initiative underscores Trump’s broader goal of reducing federal staffing levels.

Additionally, Trump has ordered federal employees to return to their offices, ending remote and hybrid work arrangements introduced during the COVID-19 pandemic. Russell believes these changes could benefit OSHA.

“I think that could substantially help the development of some of the newer compliance officers,” he said regarding the return-to-office policy. “Maybe the efforts to make the agency more lean will make it more focused.”

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