OSHA
OSHA is the federal agency responsible for workplace safety in the United States, covering 130 million workers at 8 million worksites. Established 1971 under Nixon, OSHA sets and enforces workplace safety standards.
OSHA demonstrates the resource constraints facing regulatory agencies—with ~1,800 inspectors for 8 million worksites, each workplace can expect an inspection once every 165 years on average. Enforcement depends more on employer self-compliance than actual oversight.
At current staffing, OSHA can inspect each workplace once every 165 years on average. Maximum federal penalty for willful violation causing death: $156,259 (as of 2023)—less than many companies spend on one executive's annual bonus. Criminal prosecution extremely rare: 2-3 cases per year despite thousands of workplace deaths. OSHA has ~1,800 federal inspectors vs. 130 million workers; Fish and Wildlife has more officers per capita for animals. Standards-setting takes 7+ years on average—silica dust standard took 45 years from proposal to implementation.
Key Facts
Power Dynamics
Can set mandatory workplace safety standards, inspect workplaces, issue citations, propose penalties up to $156K per willful violation
Resource constraints make enforcement largely symbolic. 165-year inspection cycle means employers face minimal risk. Penalties capped at levels that don't deter. Criminal referrals require DOJ cooperation (rare). Industry can delay standards for decades
- Business lobby pressure on standards
- OMB review of major rules
- Congressional appropriations (understaffed by design)
- Court challenges to standards
- Business lobbies (oppose standards)
- Labor unions (advocate for enforcement)
- State plan states (22 run own programs)
- Construction industry (highest fatality rates)
Revenue Structure
OSHA Revenue Sources
- Congressional appropriations 100%
~$600M annual budget
Entirely dependent on congressional funding. Anti-regulatory administrations cut budget/staff. No user fees or independent revenue
Unlike FDA (45% user fees) or FCC (100% industry funded), OSHA has zero industry funding—budget entirely at mercy of Congress
Decision Dynamics at OSHA
COVID emergency temporary standard: 6 months from pandemic start (considered fast for OSHA)
Silica dust standard: 45 years from proposal to implementation (1971-2016). Beryllium: 40+ years
Standards require extensive scientific review, public comment, OMB review, potential court challenges. Even 'emergency' standards take months
Failure Modes of OSHA
- Massey Energy (2010): 29 miners killed; company had 500+ violations
- Imperial Sugar (2008): 14 killed; known combustible dust hazard
- COVID (2020-21): delayed emergency standard; thousands died in meatpacking plants
- 1,800 inspectors for 8M worksites = no real enforcement
- $156K max penalty = cost of doing business
- 7+ year standard-setting = can't respond to new hazards
- Criminal prosecution requires willfulness proof—nearly impossible
If major workplace disaster occurs and OSHA found to have had prior knowledge of hazard, political pressure for reform temporary but fades. Pattern: disaster → outrage → proposed reforms → industry lobbying → reforms watered down → return to status quo
Biological Parallel
OSHA knows workplace hazards exist (silica, beryllium, combustible dust) but lacks T-cells (inspectors) to fight them. 1,800 inspectors for 130 million workers = autoimmune system that can recognize 0.001% of pathogens. When immune response finally occurs (inspection, citation), it's so weak (average penalty ~$4K) that pathogens (unsafe employers) barely notice. The body (workforce) suffers ~5,000 deaths annually while immune system watches helplessly.
Key Agencies
~1,800 federal inspectors for 8M worksites
22 states run own programs (must be 'at least as effective' as federal)
Develops workplace safety standards (extremely slow process)