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More than 50 years after the creation of OSHA (the U.S. federal agency meant to protect workers’ lives) the system meant to guarantee safety on the job is stretched thin, riddled with inconsistencies, and increasingly vulnerable to political sabotage, according to the Economic Policy Institute.
The Law That Changed Everything — Kind Of
In 1970, after decades of pressure from labor movements, Congress passed the Occupational Safety and Health (OSH) Act. This landmark law created two key bodies:
OSHA: The Occupational Safety and Health Administration is the enforcement agency responsible for setting and applying workplace safety standards.
NIOSH: The research body tasked with studying workplace hazards and guiding OSHA’s rulemaking.
The law mandates that workplaces must be “free from recognized hazards that could cause death or serious physical harm.” Since then, workplace fatalities and injuries have dropped by 65%, even as the workforce has more than doubled.
Too Few Inspectors, Too Much Ground to Cover
Despite the gains, OSHA’s capacity has never kept pace with the scale of its mission, according to the report. There are fewer than 2,000 inspectors responsible for over 160 million workers. At current staffing levels, it would take 185 years to inspect every workplace just once.
And enforcement isn’t the only problem — some employers face penalties so small they amount to little more than a parking ticket. In 2024, the average federal fine for a serious safety violation was just $4,083, with some state plan penalties dipping even lower.
A Tale of 50 States: Who’s Covered and Who’s Not
The OSH Act gives states the option to operate their own OSHA-approved “state plans” if they meet or exceed federal standards. But state plans are wildly inconsistent. Here’s how it breaks down:
- 29 states fall under federal OSHA jurisdiction.
- 21 states have state OSHA plans covering private and public workers.
- 6 states run “hybrid” plans, where only public-sector workers are covered by the state.
Some set the national bar (think: California or Washington). Others drag their feet on even basic compliance. And federal OSHA has no authority over public-sector workers in the 29 federal states — millions of workers fall into that gap.
The Trump-Era Rollbacks That Shook the System
During the Trump administration, OSHA and MSHA (the mining equivalent of OSHA) came under fire. Actions included:
- Attempting to shutter safety offices and defund NIOSH.
- Allowing massive penalty reductions for violations — up to 70%.
- Promoting self-audit exemptions, letting companies police themselves.
- Pausing or shelving critical rules, like silica dust protections for miners and a federal standard for heat exposure.
One of the biggest red flags? The proposed weakening of OSHA’s General Duty Clause, a foundational piece that requires employers to protect against known dangers not otherwise regulated. This move would carve out dangerous exemptions across entire industries.
The Gaping Holes in Federal Coverage
Even in 2025, no federal standards exist for several deadly or disabling hazards. These include:
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- Extreme heat exposure
- Wildfire smoke
- Ergonomic injuries (e.g., repetitive lifting or twisting)
- Workplace violence
- Airborne infectious diseases
As climate change accelerates and frontline workers face growing threats, these gaps are deadly.
What States Can Do — and Why Many Don’t
States have the legal authority to go beyond federal OSHA, especially those with approved state plans. Yet many haven’t. Some states have even weakened their standards or resisted updates mandated by federal OSHA.
What proactive states can and should do:
- Adopt unregulated protections: Like heat, smoke, ergonomics, violence, and airborne pathogens.
- Enact right-to-refuse laws: Let workers legally decline unsafe work during climate emergencies or outbreaks.
- Mandate Injury and Illness Prevention Programs (IIPPs): Like those required in California and Washington.
- Increase penalty amounts: To make them actually matter to employers.
- Implement “instance-by-instance” citations: To hit repeat offenders where it hurts.
The Local-Level Blockade: State Preemption Laws
Even when cities or counties try to step in, some states stop them cold. Preemption laws in states like Texas and Florida block local ordinances that could strengthen safety standards — particularly around extreme heat. That means even if local governments want to act, state legislatures often tie their hands.
Holding States Accountable
When state plans are less effective than required, workers and advocates can:
- Document enforcement failures, such as delayed inspections or unresolved complaints;
- File a CASPA (Complaint About State Program Administration) with federal OSHA;
- Publicize failures through press campaigns and coalition advocacy;
- Resist legislation that would weaken standards or enforcement capacity.
However, the CASPA process is often slow and rarely leads to major changes on its own. Successful advocacy typically involves combining official complaints with public pressure and coalition organizing.
Safety Depends on Where You Work and Who’s in Power
Whether you’re protected on the job often depends less on your occupation and more on your zip code and state legislature. Some workers get state-of-the-art protections. Others are left with loopholes, low fines, and government agencies too underfunded to enforce the law.
The system works…when it’s allowed to. But between federal inaction, political interference, and uneven state enforcement, U.S. workplace safety is fragile, and right now, the cracks are showing.
