Federal Worker-Safety Commission Lacks Members, Delaying Safety Reviews

What's Happening?

The Occupational Safety and Health Review Commission, responsible for overseeing workplace safety violation disputes, has been without commissioners since May. This independent entity, separate from OSHA and the Department of Labor, reviews business appeals of OSHA fines and violations. The absence of commissioners has led to a backlog of 31 cases, some dating back to 2017, and a drawn-out appeals process. Businesses under review are not required to implement safety changes or pay fines during this period. The commission's appeal process involves a review by administrative judges, followed by a final decision from the commission if contested. The time for judges to examine appeals has increased from less than 18 months to over two years since 2015, despite a decrease in the number of cases. The Biden administration's nominations for commissioners were rescinded, and President Trump nominated Jonathon Snare, whose confirmation is pending. The commission has been without a quorum for over a year, failing to review any cases in fiscal year 2024.

Why It's Important?

The lack of commissioners at the Occupational Safety and Health Review Commission has significant implications for workplace safety across the U.S. Without a functioning commission, businesses can delay implementing necessary safety measures and avoid paying fines, potentially endangering workers. This situation is particularly concerning in industries with high safety risks, such as meatpacking and poultry processing, where previous violations have included fatalities. The delay in case reviews undermines the enforcement of safety regulations, allowing unsafe practices to persist. The absence of leadership at the commission highlights challenges in maintaining effective oversight and accountability in workplace safety, impacting workers' rights and safety standards nationwide.

What's Next?

The confirmation of Jonathon Snare as a commissioner is pending, with no scheduled hearings by the Senate committee responsible for confirmations. The commission's ability to resume its functions depends on the appointment of new commissioners to establish a quorum. Stakeholders, including labor unions, are likely to continue advocating for swift action to address the backlog and ensure worker safety. The situation may prompt legislative or administrative efforts to expedite the appointment process and strengthen the commission's capacity to enforce safety regulations effectively.

Beyond the Headlines

The prolonged absence of commissioners at the Occupational Safety and Health Review Commission raises ethical concerns about the prioritization of worker safety in regulatory processes. The delay in addressing safety violations reflects broader challenges in balancing business interests with employee welfare. This situation may lead to increased scrutiny of the commission's role and effectiveness, potentially prompting reforms to enhance accountability and transparency in workplace safety oversight.