Portside

On April 28, 1971, the Occupational Safety and Health Administration opened its doors. The creation of OSHA proved to be one the greatest victory in American history for workplace health. Unfortunately, OSHA could never live up to its potential to revolutionize the workplace due to the organized resistance of corporations, the conservative movement that would transform American politics beginning in the late 1970s, and regulatory capture that limited the agency’s effectiveness. That said, OSHA has done a tremendous amount to improve workers’ lives.

Unsafe and unhealthy working conditions had long plagued American workers. The Gilded Age theory of workplace risk, encapsulated in the 1842 Massachusetts Supreme Court decision Farwell v. The Boston and Worcester Rail Road Corporation, placed workplace responsibility onto workers rather than employers, saying they assumed the risk when they agreed to work. By the 1890s, this had begun to break down after workers successfully sued corporations for injury and death. Employer supported worker compensation plans began passing at the state level in the 1910s, allowing corporations to avoid lawsuits and rationalize losses for workplace injuries, while also giving quite little to workers. Industrial reformers like Alice Hamilton continued drawing connections between worker health and exposure on the job, leading to very slow reforms. By the Great Society, keeping workers safe became increasingly important to policy makers. Workers were increasingly unsatisfied with the exposures they faced on the job, the rising environmental movement provided an ecological language to workplace environments, and liberals within the Johnson Administration sought to center broader quality of life issues to the Democratic Party. Even when Vietnam blew up LBJ’s career, the momentum for a federal workplace safety program, like much else of the Great Society, carried over into the Nixon Administration.

On December 29, 1970, Richard Nixon signed the Occupational Safety and Health Act, creating an agency to oversee workplace safety and health that would begin operation on April 28, 1971. The act also created the National Institute for Occupational Safety and Health (NIOSH) as a part of OSHA to spearhead research programs on these issues.

Organized labor by and large supported OSHA’s creation, but only a few unions really took advantage of the agency to bring workplace safety and health to the front of union politics. The AFL-CIO pushed for full implementation of the act as one of many legislative goals, but did not seek to empower workers on the shop floor by fighting for safer workplaces. A few individual unions however did do this–the International Association of Machinists, the International Woodworkers of America, and most famously the Oil, Chemical and Atomic Workers. These were also the most reformist oriented unions in the AFL-CIO during the 1970s, seeking to channel the broader disgruntlement of the working-class away from racial politics and toward something useful. They were also the unions who often chafed against the conservative leadership of George Meany and the culture of staid bureaucracy that dominated many unions during these years. The labor leader most associated with OSHA and workplace health is Tony Mazzochi of the OCAW. Sometimes called “The Rachel Carson of the American Workplace,” Mazzochi had pressed through the 1960s for vigorous workplace safety programs in union contracts, empowered union members to become activists on the shop floor for workplace health, and built bridges between the labor and environmental movements to make the workplace environment an important agenda item for both. After OSHA’s founding, Mazzochi became the national leader in pressing the agency to issue stronger asbestos standards to protect both workers and consumers.

The turning point in OSHA history was the election of Ronald Reagan. In 1981, Reagan gutted the OSHA budget in 1982. Reagan’s OSHA director, Thorne Auchter, a Florida real estate developer, signaled a switch in OSHA policies when he reversed a regulation that allowed construction workers to view their own medical records for information on toxic exposure. You can read more about the Auchter years here,.

Given the time that an agency needs to establish itself, create programs, and conduct research, in many ways OSHA was just reaching its stride when Reagan slashed the budgets. For the International Woodworkers of America, the decline in OSHA funding was devastating. The IWA was a bit slower than OCAW in engaging OSHA seriously. The election of a new generation of union leadership in 1976 catapulted the union into one of most aggressive for using OSHA as a tool to empower workers on the shop floor. The IWA trained workers in OSHA policies, then sent them back to the shop floor to demand problems be cleaned up. It even suggested to OSHA that the agency send a staffer to work directly with the IWA, which was denied because it was outside the purview of the agency, but also got the attention of the agency as a union serious about workplace health. Basil Whiting, Deputy Assistant Secretary of OSHA, told the IWA Convention in 1977, “You have been one of the few unions in the United States that has grasped the nettle here, has begun to move forward in terms of developing your own internal capacity to take action in relation to the serious problems of health and safety that are killing off your members.”

The Reagan budgets, combined with the decline in timber employment due to outside factors and thus a smaller membership, put a stop to these workplace safety programs. NIOSH grants to fund the effects of ash from the Mt. St. Helens explosion were ended, as was a federal grant to the University of Washington to study chemical exposure among plywood mill workers. Other plans to develop compensation programs for physical aliments suffered by loggers were shelved entirely.

Despite Reagan’s defunding of OSHA programs, overall workplace safety has improved significantly in the United States since 1971. A good bit of this has to do with industry outsourcing industrial risk to Latin America and Asia, but there have also been real changes in workplace culture. In 1970, there were 18 workplace fatalities for every 100,000 workers. By 2006, that fell to 4.1 deaths per 100,000 workers. Occupational injury and illness rates fell by 40% over the same years.

As we have seen in recent weeks, OSHA’s ability to protect workers has severe limitations due to underfunding. In 1980, OSHA employed 2950 people. In 2006, it employed only 2092 people, despite the near doubling of the size of the workforce. The explosion at the West Fertilizer plant in Texas on April 17 that killed at least 14 people demonstrated the agency’s very real limitations. There are so few OSHA inspectors that it would take 129 years to inspect every workplace in the country at current staffing levels. Punishment for OSHA violations are often weak and employers have minimum fear that of any real punishment.

This is the 57th post in this series. The rest are archived here.