Fifty years ago today, when the Occupational Safety and Health Administration (OSHA) opened its doors, American workplaces were full of dangers. The law that created OSHA was revolutionary: It established, for the first time, the right to a safe workplace, free of serious hazards. Businesses had to comply with federal regulations and permit inspectors to examine their facilities. The agency has improved working conditions for generations of Americans. It has prevented thousands of deaths and millions of injuries. But in recent years, progress has slowed.
OSHA’s limitations predate the pandemic. The agency’s enforcement staff is so small that if OSHA sent inspectors to every workplace, it would take 162 years to visit them all. New regulations often take 10 or more years to be finalized. What’s more, the emergence of the online platform economy has allowed more businesses to abdicate responsibility for the people doing work on their behalf, since gig workers aren’t afforded the protections available to regular employees. In addition, several other groups—independent contractors, people working on small farms, eight million public sector workers in 24 states and the District of Columbia—have no legal right to a safe workplace. Temporary workers, who are at greater risk of injury and death than traditionally employed workers, also often fall between the cracks.
While OSHA badly needs more inspectors, it will never have enough to visit all workplaces. To broaden its impact, the agency should augment the consequences for violating safety regulations in order to encourage employers to address threats before OSHA inspects, and before workers get hurt. Publicizing safety violations can serve as an effective deterrent: One study found that OSHA would have to conduct 210 inspections to achieve the same amount of deterrence as a single news release detailing a severe safety violation.
OSHA also needs to adapt to the changing nature of the American labor market. It can take a cue from countries like Australia and New Zealand, which have embraced a new model called “duty of care”, in which companies must ensure that their activities do not endanger the health and safety of any worker, regardless of type.
Thanks to OSHA’s efforts, countless workers have been spared injuries, illnesses, disability and premature death. But too many are still being hurt on the job. The Covid-19 pandemic has taught us the value of the often invisible workers who make our economy function. OSHA should modernize to ensure that all workers are able to do their jobs and at the end of their shifts go home safe and healthy.
The model of “duty of care” is recommended by the author because it________.
is at the cutting edge of company regulation
has been adopted by many developed countries
treats different types of workers equally
helps workers better adapt to the changing market
C