Trump’s Labor Department pushes to deregulate workplaces
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NEW YORK (AP) — The U.S. Department of Labor is planning to revise or eliminate over 60 outdated workplace regulations, including minimum wage requirements for home health care workers and individuals with disabilities, as well as standards concerning exposure to harmful substances.
If these changes are approved, they 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 during inherently risky activities like movie stunts or animal training.
The aim of the Labor Department is to reduce costly and burdensome rules implemented 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,” highlighting this as the most ambitious deregulation proposal across the federal government.
Critics argue that these proposals could increase the risk of harm to workers, particularly impacting women and minority groups disproportionately.
“People are already at great risk of dying on the job,” said Rebecca Reindel, the AFL-CIO union’s occupational safety and health director. “This will only exacerbate the problem.”
The proposed changes have several stages to go through before implementation, including a public comment period for each.
Here’s a summary of some of the rollbacks being considered:
No minimum wage for home health care workers
One proposal by the Labor Department suggests eliminating the federal minimum wage for an estimated 3.7 million home health care workers employed by agencies, potentially excluding them from overtime pay if not covered by corresponding state laws.
The rule would revert back to a regulatory framework from 1975, aiming to reduce labor costs and expand the home care market.
Judy Conti from the National Employment Law Project opposes the proposal, citing the previous lack of overtime pay for home care workers. On the other hand, the Independent Women’s Forum supports the change, stating that it would help women balance work and caregiving responsibilities.
Samantha Sanders from the Economic Policy Institute believes the repeal would negatively impact women, particularly women of color who dominate the industry.
Protections for migrant farm workers
Recent rules protecting migrant farmworkers with H-2A visas are being reconsidered by the Labor Department due to perceived unnecessary requirements on employers.
Proposed changes include removing the mandate for seat belts in transportation provided by employers for agricultural workers and reversing a rule safeguarding farmworkers from retaliation for complaints or participation in investigations.
Lori Johnson from Farmworker Justice highlighted the history of retaliation against farmworkers, especially those with H-2A visas.
Michael Marsh from the National Council of Agricultural Employers welcomed the deregulation efforts, stating that farmers faced excessive regulations related to migrant farmworkers.
Adequate lighting for construction spaces
The Occupational Safety and Health Administration (OSHA) is seeking to eliminate the requirement for employers to provide adequate lighting at construction sites, arguing that the regulation does not significantly reduce risks.
Worker advocates disagree with this proposal, emphasizing the importance of proper lighting in preventing accidents at construction sites.
Mine safety
Various proposals could impact safety protocols in mines, such as removing the authority for district managers to require additional safety measures in mine ventilation and roof collapse prevention plans.
The Labor Department justifies this move by stating that current regulations grant district managers the power to create laws without congressional input.
Additionally, the department aims to restrict district managers from mandating changes to mine health and safety training programs.
Limiting OSHA’s reach
OSHA’s proposal seeks to exclude the agency from applying the general duty clause to restrict or penalize employers for inherently risky activities intrinsic to professional, athletic, or entertainment occupations.
The rule would specifically impact athletes, actors, dancers, musicians, entertainers, and journalists.
Debbie Berkowitz, former OSHA chief of staff, believes that limiting the agency’s enforcement authority could lead to safety compromises due to production pressures.
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