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February 20, 2025 U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health Administration (OSHA). His justification for filing the bill was that OSHA was “usurping states’ authorities and forcing [President] Biden’s vaccine mandate on the private sector.” Though Arizona has a “state plan” and federal OSHA does not regulate workplaces there, he had nine cosponsors of the NOSHA Act.   Quick Hits Representative Andy Biggs (R-AZ) reintroduced legislation (H.R. 86) that would abolish OSHA.   Although the bill has little chance of being enacted—the bill has no cosponsors and there is no companion legislation in the U.S. Senate—what seems more likely to happen is a challenge to how OSHA standards are created.   Supreme Court Justice Clarence Thomas has expressed support for curtailing the OSH Act’s delegation of authority to OSHA and stated that “[a]t least five justices have already expressed an interest in reconsidering [the] Court’s approach to Congress’s delegations of legislative power.”   The NOSHA Act was reintroduced in the 118th Congress with a single cosponsor, Representative Scott Perry (R-PA). (He became a cosponsor in August 2023, eight months after introduction in January 2023.) As was true of its predecessor bill, this version did not make it out of the House Committee on Education and Labor (renamed the “House Committee on Education and the Workforce” when Republicans took the reins of the U.S. House of Representatives in January 2023), which is the first step in becoming law.   Representative Biggs recently introduced it again in the 119th Congress, without cosponsors, as H.R. 86. It has been referred to the House Committee on Education and the Workforce.   H.R. 86 is a simple piece of legislation that includes two simple sentences that have caused an uproar: “The Occupational Safety and Health Act of 1970 is repealed. The Occupational Safety and Health Administration is abolished.” These two sentences have generated more controversy in the workplace health and safety sphere than any two other sentences have, potentially since the Occupational Safety and Health Act of 1970 (OSH Act) was signed into law.   The OSH Act was signed into law by President Richard M. Nixon on December 29, 1970, after years of movement toward a national law to regulate health and safety in the workplace. While the OSH Act and OSHA are often viewed as partisan creations, they were a bipartisan effort to improve workplace health and safety conditions for American workers.   Though some potential exists for the U.S. Congress to take action to overturn the OSH Act and eliminate OSHA, given the lack of current and historical support for the NOSHA Act bill and the fact that no companion bill has been introduced in the U.S. Senate, the likelihood of either succumbing to the NOSHA Act appears rather limited. Moreover, the impact of the bill seems suspect, given that at present, twenty-two states have their own state plans that provide oversight of both private and government workplaces, while seven more have plans that provide oversight of government workplaces (while federal OSHA provides oversight of the private workplaces).   What seems more likely to happen is a challenge to the way OSHA standards are created. Supreme Court Justice Clarence Thomas, in a dissent to the denial of certiorari in Allstates Refractory Contractors, LLC, v. Su, stated that “[t]he Occupational Safety and Health Act may be the broadest delegation of power to an administrative agency found in the United States Code.” He continued, writing, “If this far-reaching grant of authority does not impermissibly confer legislative power on an agency, it is hard to imagine what would.” He also indicated that a majority of the justices had expressed an interest in reviewing this sort of broad delegation of authority.   If the Supreme Court of the United States were to determine that the OSH Act constituted an unconstitutional delegation of legislative power to an agency, Congress would need to reframe OSHA’s rulemaking authority or take on some of the rulemaking responsibilities itself. This would likely result in a dramatic decrease in OSHA’s already limited rulemaking activity.

February 20, 2025 A Florida man was sentenced yesterday to 48 months in prison and ordered to forfeit more than $5.5 million to the United States as well as forfeit numerous real properties and cash, and to pay over $55 million in restitution for conspiracy to commit wire fraud, conspiracy to defraud the United States and willful violation of a workplace standard that resulted in the death of his employee. Manual Domingos Pita, of Wesley Chapel, previously pleaded guilty to those charges on July 9, 2024.   According to court documents, Pita owned and operated Domingos 54 Construction, a subcontracting business for the wood framing of new construction homes. Domingos 54 was a shell construction company that Pita used to provide workers, including undocumented aliens, with construction jobs. However, Pita failed to secure the required workers compensation insurance coverage for these employees by falsifying in worker’s compensation insurance applications the number of workers for which he sought coverage. In addition, Pita failed to pay any federal employment taxes on the wages that these workers earned during the course of the scheme between 2018 and 2022. As a result, Pita caused several worker’s compensation insurance companies to sustain a loss of over $22.7 million in premiums that they could have charged had they been aware of the number of workers which they had been manipulated into covering with their policies. In addition, Pita failed to pay to the IRS over $33.7 million in federal employment taxes on those workers’ wages.   Between February and July 2019, investigators with the Occupational Safety and Health Administration (OSHA) issued six citations to Domingos 54 for failure to provide fall protection to workers. Even after being cited for these violations, Pita continued to ignore OSHA requirements. In March 2020, Pita assigned a worker and three other carpenters to install sheeting on the roof of a residential home in windy conditions without providing the required fall-protection gear or ensuring its use. As a result, one of the workers was blown off the roof and died from his injuries.   “Pita’s history of OSHA violations and deception tragically led to a worker’s death,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division. “We are committed to upholding the rule of law by prosecuting fraud and enforcing worker safety standards.” Read more

February 19, 2025 Gainesville, FL — Heatstroke can lead to long-term organ damage and obesity, results of a recent study suggest.   For three months, researchers at the University of Florida observed mice that were exposed to high levels of heat while on a running wheel. The mice were also fed a high-fat Western diet after exposure.   Findings show that the heat weakened the animals’ hearts, led them to eat more and put on weight, and disrupted their metabolism of carbohydrates.   More specifically, the animals’ hearts “metabolically crashed” two weeks after recovery (which is when physicians often stop following human patients), Thomas Clanton, lead study author and professor of applied physiology and kinesiology at UF, said in a press release.   “The findings show how important it is to prevent and limit heat injury before it occurs … by hydrating and cooling down when symptoms like fatigue set in,” the researchers said. “There is no established treatment for chronic heatstroke injury. But future research could help identify ways to limit the long-term damage in people.”   Clanton and his colleagues plan to follow people who have experienced heatstroke to further understand the factors that cause long-term problems. “We think there’ll be more of this chronic heat injury as we face a warming environment,” Clanton said. More than 100,000 people suffer a heat-related illness or injury each year in the United States, the release notes.

February 14, 2025 The introduction of the Nullify OSHA Act (NOSHA) by U.S. Rep. Andy Biggs (R-Ariz.) has reignited the debate on whether workplace safety should be a federal responsibility or left to individual states. The bill seeks to abolish the Occupational Safety and Health Administration (OSHA) and replace it with state-based workplace safety regulations. Supporters argue that states should have control over their workplace safety policies. At the same time, opponents warn of a "race to the bottom" in workplace protections. This issue has significant implications for the workers' compensation industry, which relies on standardized safety regulations to mitigate risks, reduce injuries, and control claim costs. Without OSHA's oversight, workplace safety and workers' compensation could change dramatically, leading to more significant financial and human costs for employers and insurers.   The Link Between OSHA and Workers’ Compensation OSHA is crucial in reducing workplace injuries and illnesses, directly impacting workers' compensation claims. Its regulations set minimum safety standards that protect workers from hazardous conditions, and its enforcement efforts help ensure compliance. Without OSHA, workplace safety would shift entirely to state governments, creating inconsistencies across industries and geographic locations.   Workplace Safety Standards . OSHA establishes baseline safety standards for all industries, ensuring a level playing field. If each state sets its regulations, discrepancies in safety measures could lead to greater risks in states with weaker enforcement. Employers operating in multiple states would face compliance confusion, potentially increasing their liability exposure. Regulation variation would also make it harder for insurers to assess risk and set appropriate workers' compensation premiums. A fragmented regulatory system could create uncertainty, increasing overall claim costs for insurers and employers.   Reduction in Workplace Injuries . The presence of OSHA has contributed to a steady decline in workplace injuries and fatalities since its inception in 1970. Without federal oversight, companies may deprioritize safety measures to cut costs, leading to increased workplace incidents. More injuries mean higher workers' compensation claims, increased insurance premiums, and more prolonged recovery periods for injured workers. States with lax safety regulations could see significant increases in workplace injury rates. The financial burden of these claims would ultimately fall on the workers' compensation system, increasing costs for businesses and insurers.   Employer Accountability . OSHA’s enforcement mechanisms, including fines and penalties, hold companies accountable for maintaining safe work environments. If OSHA is eliminated, the ability to enforce workplace safety would be inconsistent across states, leading to varying levels of employer accountability. Some states may implement stringent enforcement policies, while others may take a more lenient approach. Employers who cut corners on safety could face a surge in workplace accidents, resulting in higher litigation and claims costs. This inconsistency would make it difficult for insurers to predict risk, leading to fluctuations in premium rates and potential coverage challenges.   Economic and Legal Ramifications for Employers and Insurers The elimination of OSHA would have far-reaching economic and legal consequences for employers and workers’ compensation insurers beyond impacting workplace safety. The costs associated with workplace injuries extend beyond medical bills and lost wages; they also include legal battles, disability benefits, and long-term claims management.   Increased Insurance Costs . When workplace injuries rise, so do workers' compensation premiums. Insurers must reassess risk factors in an unpredictable regulatory environment if OSHA is defunded. Premium rates may increase in states with weaker safety enforcement, making workers' compensation insurance more expensive for businesses. Companies that fail to meet adequate safety standards could see claim denials or policy restrictions, leading to financial strain. The absence of uniform regulations could cause wide disparities in premium structures across different states and industries.   Legal Challenges and Liability . OSHA provides a clear framework for workplace safety violations and employer responsibilities. Without federal oversight, states will set their liability standards, potentially leading to increased litigation. Employers could face more lawsuits from injured workers seeking compensation, as the absence of clear safety standards may result in negligence disputes. The legal landscape for workplace safety claims would become more complicated, increasing costs for employers and insurers. Insurers may have to navigate a patchwork of state-level laws, making underwriting and claims management more complex and costly.   Financial Burden on State Workers’ Compensation Programs . While some states already have their OSHA-approved safety plans, others do not, meaning they would have to create new regulatory structures from scratch. States with fewer resources may struggle to enforce effective safety measures, leading to higher injury rates and increased strain on workers' compensation funds. The shift in responsibility from a federal to a state level could create funding disparities, disproportionately affecting smaller businesses and states with less developed regulatory frameworks. Ultimately, states failing to implement robust safety standards could see workers' compensation costs surging, impacting businesses and taxpayers.   The Role of OSHA in Preventing Catastrophic Incidents Beyond the economic and legal implications, eliminating OSHA could lead to an increase in catastrophic workplace incidents. OSHA has played a crucial role in holding employers accountable for serious safety violations, such as those in high-risk industries like construction, manufacturing, and warehousing.   Nationally Recognized Standards . OSHA's standards ensure that hazardous work environments—such as heavy machinery, toxic chemicals, and elevated workspaces—are subject to strict safety protocols. Some states may adopt weaker standards without federal oversight, increasing the likelihood of major accidents. Workers in states with limited enforcement would face greater risks, impacting their long-term health and ability to return to work. Increased workplace accidents in high-risk industries would result in higher workers' compensation claims, placing additional financial strain on the system. Consistent national standards help maintain predictability in risk assessment and claims management for insurers.   OSHA’s Enforcement in High-Profile Cases . OSHA has been instrumental in holding companies accountable for unsafe conditions, as seen in recent cases against major discount retailers. Companies like Dollar General and Family Dollar faced significant fines for repeated safety violations, including blocked emergency exits, improper storage of hazardous materials, and unsafe working conditions. Without OSHA, enforcement would be left to individual states, many of which may lack the resources or political will to impose similar penalties. Weak enforcement would allow unsafe practices to persist, resulting in higher injury rates and more claims within the workers' compensation system. Eliminating federal oversight could embolden some employers to neglect workplace safety, putting more workers at risk.   The Need for a Unified Approach to Workplace Safety The proposal to eliminate OSHA raises serious concerns for the workers' compensation industry, which relies on national safety standards to prevent injuries and control costs. While state-level regulations may work for some, a patchwork approach to workplace safety could lead to increased injuries, higher insurance premiums, and more legal challenges. Workplace injuries' financial and human costs extend far beyond individual businesses, impacting insurers, workers, and the economy.   The workers' compensation industry must advocate for continued workplace protections, recognizing that a strong regulatory framework benefits employers and employees. A consistent, nationwide approach to workplace safety ensures predictability, accountability, and fairness in workers' compensation claims. Defunding OSHA would not only put workers at greater risk. Still, it would also increase costs for businesses and insurers, making it a losing proposition for all involved. Maintaining a robust national workplace safety system is essential to protecting workers and preserving the stability of the workers' compensation industry.

February 7, 2025 The actions come after a recent Tampa Bay Times investigation found twice as many workers have died across the state from heat than previously known.   Florida Democratic lawmakers are proposing statewide heat protections for outdoor workers, months after a Tampa Bay Times investigation found far more Florida workers have died of heat illness than authorities know.   “It’s an atrocity, and it’s a tragedy,” said Sen. Darryl Rouson, D-St. Petersburg, who filed the bill in the Senate on Wednesday. “There’s a need to put these types of regulations in place.” Four other Democrats filed a companion bill in the House.   Florida is one of the nation’s hottest states, with punishing humidity that can make it difficult for the body to cool down. Currently, neither the state nor federal government has heat safety standards to protect workers from high temperatures — despite Florida requiring similar safeguards for high school athletes.   Some of the legislators co-sponsoring the heat protection bill are also calling for a repeal of a law passed last year that blocks local governments from creating their own oversight for workers exposed to heat.   House Minority Leader Fentrice Driskell, D-Tampa, is also in favor of repealing the preemption law.   “This is an issue that has been brought into sharp relief by the number of deaths — both that are known, and now these that have been unreported,” Driskell said. “This lax regulatory environment is empowering employers to try to get away with this, and to not do the right thing and protect their workers.”   Proponents of the ban at the time said businesses and federal regulators could keep laborers safe. But the Times found authorities have missed more than half of all heat-related deaths of workers statewide in the last decade — because Florida companies failed to report them as required by law.   Neither Gov. Ron DeSantis, who signed the prohibition measure last April, nor its Republican sponsors responded to requests for comment.   No lawmaker has yet filed a bill to repeal the 2024 legislation.   “The federal government is used as an excuse,” Rouson said. “I understand that employers want a standard and don’t want it to change from location to location — making hodgepodge regulation — and this is why we need a statewide standard.”   The proposed heat safety bill would create a program to train businesses and outdoor employees on signs of heat illness. It would require employers to provide water, as well as shade and 10-minute breaks every two hours on hot days.   The push for statewide protections is not new. Lawmakers on both sides of the aisle have sponsored bills with nearly identical language for years, the Times previously reported, with little traction.   But Rep. Anna Eskamani, D-Orlando, said the Times’ findings “emphasized the urgency” of this year’s legislation.   “I think that this issue often gets tied up in the interests of big businesses, and they brand it as burdensome,” said Eskamani, who is co-sponsoring the House bill filed by Rep. Michael Gottlieb, D-Davie. “I would argue that you save money when you have a healthy work environment, because you avoid things like worker’s comp, you avoid litigation.”   Extreme heat is more deadly than any other natural disaster plaguing the U.S., killing more people annually than hurricanes, tornadoes and floods combined.   Employers are supposed to notify the U.S. Occupational Safety and Health Administration, which oversees worker safety, about employee deaths within hours. But the Times identified 19 additional heat-related deaths that were kept from the agency, more than doubling the official number of worker heat fatalities in Florida.   Many were young. At least a handful died during their first week on the job, unaccustomed to Florida’s stifling heat and humidity. Roughly half were immigrants.

January 30, 2025   The head of a Jacksonville painting business has pleaded guilty to being part of a workman’s comp scam that prosecutors said cost the government millions in uncollected taxes and helped hide illegal immigrants on jobsites.   Dorothy Thompson-Avila, 44, was the last to plead guilty out of three people indicted together in May 2023 on charges of wire fraud conspiracy and conspiring to defraud the federal government.   She entered her plea last week, days after a co-defendant, Honduran native Jose Molina-Herrera, was sentenced to 27 months in prison for his part in the fraud, which provided bogus workman’s comp insurance to contractors in places including Duval, Clay and St. Johns counties. State corporation records identify Thompson-Avila as manager of DT Eastern Painters LLC in Jacksonville, but that company is not among the several businesses named in the fraud case.   Florida requires contractors to have workman’s comp coverage for their crews, but prosecutors said the scam used shell companies to buy insurance, then rent that insurance to far more contractors than the policy could cover.   Read more

January 27, 2025   Serious injuries and fatalities involving ladders decreased 21 percentage points over a recent five-year period, according to the results of a recent survey.   The survey was emailed to ladder safety training managers and professions this past spring by the American Ladder Institute’s Education and Outreach Committee. The 35-question survey – the fourth from ALI since 2016 – covered topics such as frequency of ladder citations, types of ladder citations and preferred methods of ladder safety education. A total of 350 responses were received.   Around 18% of the respondents reported experiencing an incident involving a ladder – the same percentage as in the 2020 survey. Of those incidents, roughly 33% resulted in a SIF – down from 54% in 2020.   The respondents were also asked about what type of incidents have occurred in the past two years. Among them: “ladder was set up incorrectly” (33%) and “the wrong ladder was used for the job” (30%).   Other findings: Nearly 9 out of 10 of the respondents didn’t know that OSHA’s regulation on ladders (1926.1053) was No. 3 on the agency’s Top 10 list of most frequently cited standards for fiscal year 2023. Approximately 3 out of 4 hadn’t receive a ladder-related OSHA citation in the previous 12 months. Nearly half of the respondents’ organizations have mandated ladder safety training for at least seven years. “ALI believes that continuous safety training is the best way to empower workers to make the right decisions when using ladders,” the institute says in a press release.   March is National Ladder Safety Month. ALI has a four-week educational outreach program that coincides with the observation.