The U.S. Department of Labor should be commended for launching this important and bold initiative. Their goals include re-writing or repealing more than 60 regulations that they deem “outdated.” This effort aims to reshape workplace standards, particularly focusing on home health care workers and safety regulations concerning harmful substances. The proposals come from a regulatory mindset more aligned with 1975. Yet, if done right, they stand to positively transform the working lives of millions of American workers.
Additionally, the Department plans to allow a new way to get around minimum wage requirements for home health care workers. This extends to support for people with disabilities. If enacted, these changes could allow approximately 3.7 million workers employed by home care agencies to be paid below the federal minimum wage of $7.25 per hour. In addition, these workers could further be denied overtime protections unless state laws offer stronger safeguards.
According to the Labor Department, these changes will help minimize unnecessary labor and compliance costs. That would increase the home care market and help more frail older persons receive long-term care in their own homes. Critics say that’s at the risk of protecting worker safety and benefits.
Proposed regulatory changes would extend beyond the logistics sector, impacting transportation safety and working conditions in other critical industries such as construction and mining. The changes would go on the offensive, narrowly limiting the government’s ability to punish employers. This amendment is effective when workers are injured or killed while participating in exceptionally hazardous practices, such as executing movie stunts or training animals. This move undoes protections that were put in place under the administration of former President Barack Obama in 2013.
Debbie Berkowitz, former chief of staff of OSHA under the Obama administration, expressed her opposition. She fears for what might happen if enforcement authority is overly curtailed.
“Once you start taking that threat away, you could return to where they’ll throw safety to the wind because there are other production pressures they have,” – Debbie Berkowitz
The Department’s proposals would fundamentally undo a 2024 rule’s damage. This rule is significant because it protects migrant farmworkers from retaliation when they report abuses or participate in investigations. This decision has sent shock waves through the farm labor rights advocacy community. Lori Johnson, a national farmworker policy advocate, described the heightened vulnerability this workforce faces.
“There’s a long history of retaliation against workers who speak up against abuses in farm work. And with H-2A it’s even worse because the employer can just not renew your visa,” – Lori Johnson
Rebecca Reindel, a representative from the National Employment Law Project, emphasized the potential risks associated with deregulating workplace safety measures.
“People are at very great risk of dying on the job already,” – Rebecca Reindel
As Reindel cautioned, the predicted improvements are likely to be overshadowed by making current worker safety problems even worse.
“This is something that is only going to make the problem worse.” – Rebecca Reindel
The Department has engaged in important work to update standards that protect residents from exposure to harmful substances. Such sweeping moves have underscored the precarious nature of workplaces for workers in essential and other hazardous fields. As critics have pointed out, too many workplaces have underdeveloped and underenforced safety protocols, resulting in countless preventable injuries and deaths.
“There have been many fatalities where workers fall through a hole in the floor, where there’s not adequate lighting,” – Rebecca Reindel
The proposals have already sparked intense opposition from labor advocates and industry representatives. While some support a streamlined approach to regulations they view as burdensome, others caution against the potential consequences of deregulating workplace safety.
In response to that news, Lori Chavez-DeRemer, the new Department of Labor spokesperson, strongly defended the administration’s initiative.
“The Department of Labor is proud to lead the way by eliminating unnecessary regulations that stifle growth and limit opportunity,” – Lori Chavez-DeRemer
Samantha Sanders from the National Employment Law Project highlighted the risks that may arise from removing protections for vulnerable workers.
“Saying we actually don’t think they need those protections would be pretty devastating to a workforce that performs really essential work and is very heavily dominated by women, and women of color in particular,” – Samantha Sanders
The proposed rule represents a significant pivot from current regulations and aligns closely with previous calls by the Trump administration to roll back what some viewed as excessive governmental oversight.
Michael Marsh, whose organization advocates for agricultural interests, warned that it may be impractical to expect stakeholders to adapt to new regulations given short timelines.
“Can you imagine a farmer and his or her spouse trying to navigate 3,000 new pages of regulation in 18 months and then be liable for every one of them?” – Michael Marsh
Stakeholders will be watching closely for more details on these proposals. At the same time, groups such as the National Employment Law Project are intensifying their advocacy to push back against these regulatory rollbacks. Judy Conti, director of government affairs for the organization, expressed their dedication to oppose these amendments.
