Congress is Keeping OSHA in its Sights
The House Workforce Protections Subcommittee isn’t wasting time when it comes to OSHA oversight, the charge of the committee. It held its second OSHA hearing in three months on July 16, and David Keeling, the nominee to head OSHA, is still waiting to be confirmed by the Senate.
The July 16 hearing was on Safe Workplaces, Stronger Partnerships: The Future of OSHA Compliance. The subcommittee GOP majority and its witnesses discussed ways of increasing voluntary compliance, including expanding OSHA’s Voluntary Protection Programs and hiring more agency compliance assistance specialists.
On May 15 the subcommittee held a hearing, Reclaiming OSHA’s Mission: Ensuring Safety Without Overreach aimed at how to give employers more flexibility in complying with OSHA standards. Specifically, the subcommittee GOP members and their witnesses criticized “a one-size-fits-all” proposed heat rule from OSHA.
“As the nature of work continues to change, broad-based regulatory efforts can unintentionally create more problems than they solve,” Rep. Ryan Mackenzie (R-PA), chair of the subcommittee, said at the May 15th meeting.
Rep. Ilhan Omar (D-MN), characterized that hearing as Republicans looking to “demonize OSHA.”
At the July 16 hearing, Rep. Mackenzie called VPP a proactive approach to safety that doesn’t “rely solely on inspections and investigations after a violation happens.”
Rep. Omar had other ideas: “Compliance assistance programs have their place, but they are no substitute for clear standards that are actively enforced.”
Bipartisan legislation introduced in April would allow up to 5% of OSHA’s annual budget go to VPP and was supported at the hearing by Chris Williams, executive director of the Voluntary Protection Programs Participants’ Association, and Kevin Sell, senior manager of corporate development at Kwest Group.
H.R. 2844, the Michael Enzi Voluntary Protection Program Act, was introduced by Rep. Diana Harshbarger (R-TN) and co-sponsored by Rep. Mike Thompson (D-CA). Funding for VPP is less than 1% of OSHA’s annual budget, according to Williams. “That 5% number represents growth in a program that we know has been successful,” he said.
The bill would require VPP participants to conduct annual self-evaluations and host onsite evaluations, as well as “periodic reevaluations” by representatives of the labor secretary.
Onsite visits would not result in enforcement of citations and “any serious hazard or violation identified” shall be corrected within 90 days or “as soon as practicable,” according to the bill.
Currently, VPP potential participants submit an application and undergo a rigorous onsite evaluation by OSHA staff and other safety and health professionals, which may include interviews with management and employees, facility walkthroughs and a review of records and procedures. Participants are re-evaluated every 12-18 months for Demonstration sites not meeting VPP requirements; 18-24 months for Merit sites with injury rates 35% below the industry average; and every three to five years for Star sites with an injury rates below the industry average and that meet all VPP criteria. OSHA enforcement is not limited when it comes to complaints, fatalities or other significant incidents.
President Trump has proposed an 8% cut in OSHA FY2026 budget, reducing funding from $632.3 million to $582.4 million. Standards and Guidance would receive a 24% cut and the largest money cut would be in enforcement: from $243 million to $219.3 million.
The budget projects OSHA will conduct 24,929 inspections next year. OSHA’s FY 2025 budget estimated that OSHA would conduct 34,914 inspections.
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