Article by CATHY BUSSEWITZ, Associated Press
NEW YORK (AP) — The U.S. Department of Labor is planning to revise or eliminate over 60 outdated workplace regulations, including minimum wage requirements for home health care workers and individuals with disabilities, as well as standards for exposure to hazardous substances.
If approved, the proposed changes announced this month would impact working conditions in construction sites and mines, and restrict the government’s ability to penalize employers in cases where workers are injured or killed while engaging in inherently risky activities such as movie stunts or animal training.
The aim of the Labor Department is to reduce burdensome regulations imposed by previous administrations and fulfill President Donald Trump’s promise to enhance American prosperity through deregulation.
Secretary of Labor Lori Chavez-DeRemer stated, “The Department of Labor is proud to lead the way by eliminating unnecessary regulations that stifle growth and limit opportunity,” emphasizing that it is the “most ambitious proposal to slash red tape of any department across the federal government.”
Critics argue that the proposed changes could increase the risk of harm to workers, with women and minority groups disproportionately affected.
“People are already at great risk of dying on the job,” said Rebecca Reindel, director of occupational safety and health at the AFL-CIO union. “This will only exacerbate the problem.”
The proposed revisions must go through several stages before implementation, including a public comment period for each.
Here are some of the modifications being considered:
No minimum wage for home health care workers
Home health care workers assist elderly or medically vulnerable individuals with tasks like meal preparation, medication administration, and accompanying them to appointments. Under one proposal, around 3.7 million workers employed by home care agencies could be paid below the federal minimum wage and exempt from overtime pay if not covered by state laws.
The rule change would revert to a regulatory framework from 1975, undoing modifications made in 2013 under the Obama administration. The Labor Department argues that by reducing labor costs, the revisions could expand the home care market and enable frail individuals to remain at home longer.
Judy Conti, government affairs director at the National Employment Law Project, intends to oppose the proposal, citing the risk of injuries home health workers face and the lack of overtime pay prior to the 2013 regulations.
While some support the proposal, including the Independent Women’s Forum, critics like Samantha Sanders from the Economic Policy Institute argue that it would negatively impact women, particularly women of color, who make up a significant portion of the workforce.
Protections for migrant farm workers
Recent rules provided protections for migrant farmworkers with H-2A visas, but the Labor Department now aims to rescind certain requirements, such as providing seat belts in transportation for agricultural workers.
The department also plans to revoke a 2024 rule safeguarding migrant farmworkers from retaliation for reporting complaints or participating in investigations.
Lori Johnson, senior attorney at Farmworker Justice, expressed concern over the history of retaliation against farmworkers and the potential consequences of eliminating these protections.
Michael Marsh, CEO of the National Council of Agricultural Employers, supported the deregulation efforts, citing the overwhelming burden of regulations on farmers in recent years.
Adequate lighting for construction spaces
OSHA seeks to remove the requirement for employers to provide adequate lighting at construction sites, arguing that the regulation does not significantly reduce risks.
OSHA mentioned that employers failing to address lighting issues could face citations under the “general duty clause,” which mandates a safe workplace free from recognized hazards likely to cause harm.
Worker advocates caution against removing this requirement, emphasizing the importance of adequate lighting to prevent accidents at construction sites.
Mine safety
Proposals impacting safety procedures in mines include eliminating the authority of district managers to require additional steps for improving ventilation and preventing roof collapses in coal mines.
The Labor Department argues that the current regulations grant district managers excessive authority to create laws without input from Congress.
Additionally, the department seeks to limit district managers’ ability to enforce changes to mine health and safety training programs.
Limiting OSHA’s reach
OSHA’s proposal aims to exclude the agency from applying the general duty clause to prohibit or penalize employers for “inherently risky professional activities” intrinsic to certain occupations like sports, entertainment, and journalism.
The proposal would impact workers such as athletes, actors, dancers, musicians, and journalists.
Debbie Berkowitz, former OSHA chief of staff, believes that restricting the agency’s enforcement authority could jeopardize workplace safety by removing the threat of penalties for unsafe conditions.
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