News
July 23, 2025

Construction Safety Rules Face Major Rollbacks Under New Labor Proposals

Editorial Team

New York — Construction workers could face darker, more dangerous job sites under sweeping regulatory changes proposed by the U.S. Department of Labor, as the agency moves to eliminate dozens of workplace safety standards in what officials call the "most ambitious proposal to slash red tape of any department across the federal government."

Among the more than 60 "obsolete" regulations targeted for repeal, construction-specific changes stand out for their potential impact on an industry already plagued by high injury and fatality rates. The Occupational Safety and Health Administration (OSHA) wants to rescind a requirement for employers to provide adequate lighting at construction sites, saying the regulation doesn't substantially reduce a significant risk.

The lighting requirement elimination has drawn sharp criticism from worker safety advocates who point to numerous construction fatalities linked to poor visibility. "There have been many fatalities where workers fall through a hole in the floor, where there's not adequate lighting," said Rebecca Reindel, the AFL-CIO union's occupational safety and health director. "It's a very obvious thing that employers should address, but unfortunately it's one of those things where we need a standard, and it's violated all the time."

OSHA said if employers fail to correct lighting deficiencies at construction worksites, the agency can issue citations under its "general duty clause." The clause requires employers to provide a place of employment free from recognized hazards which are likely to cause death or serious physical harm. However, even this enforcement tool faces proposed restrictions under the broader regulatory rollback.

Limiting OSHA's Enforcement Power

The Labor Department is proposing to limit OSHA's general duty clause authority, which currently allows the agency to punish employers for unsafe working conditions when there's no specific standard in place to cover a situation. An OSHA proposal would exclude the agency from applying the clause to prohibit, restrict or penalize employers for "inherently risky professional activities that are intrinsic to professional, athletic, or entertainment occupations."

A preliminary analysis identified athletes, actors, dancers, musicians, other entertainers and journalists as among the types of workers the limitation would apply to. "It is simply not plausible to assert that Congress, when passing the Occupational Safety and Health Act, silently intended to authorize the Department of Labor to eliminate familiar sports and entertainment practices, such as punt returns in the NFL, speeding in NASCAR, or the whale show at SeaWorld," the proposed rule reads.

Beyond Construction: Broader Worker Impact

The construction lighting rollback represents just one piece of a much larger deregulatory effort affecting multiple industries and worker categories. The proposals would eliminate minimum wage protections for an estimated 3.7 million home health care workers, reverse 2024 protections for migrant farmworkers against retaliation, and scale back mine safety oversight authority.

Secretary of Labor Lori Chavez-DeRemer defended the sweeping changes, stating the department is "proud to lead the way by eliminating unnecessary regulations that stifle growth and limit opportunity." The administration argues that reducing compliance costs will help businesses expand and create more jobs.

Industry Response Divided

The regulatory rollbacks have generated predictably divided responses across industry lines. Michael Marsh, president and CEO of the National Council of Agricultural Employers, applauded the deregulation efforts, citing the burden of navigating thousands of pages of new regulations imposed in recent years.

However, worker advocacy groups are mobilizing opposition to the proposals. "People are at very great risk of dying on the job already," said Rebecca Reindel, the AFL-CIO union's occupational safety and health director. "This is something that is only going to make the problem worse."

Debbie Berkowitz, who served as OSHA chief of staff during the Obama administration, said she thinks limiting the agency's enforcement authority would be a mistake. "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," Berkowitz said.

Construction industry safety experts note that the sector already accounts for one in five workplace deaths despite representing only about 7% of the workforce. The Bureau of Labor Statistics recorded 1,069 construction worker fatalities in 2022, with falls, being struck by objects, electrocutions, and being caught between objects accounting for the majority of deaths.

What Happens Next

Each proposed rule change must navigate a multi-stage approval process, including mandatory public comment periods where stakeholders can voice support or opposition. The timeline for implementation varies by regulation, but some changes could take effect within months if they advance through the process without significant modification.

For construction workers and their employers, the proposed changes signal a fundamental shift toward industry self-regulation and away from federal oversight. Whether this approach will deliver the promised economic benefits while maintaining worker safety remains the central question as these proposals move through the regulatory pipeline.

The debate reflects broader tensions between economic competitiveness and worker protection that have defined labor policy for decades, with the current administration clearly prioritizing deregulation as a path to increased prosperity.

News
July 23, 2025

Construction Safety Rules Face Major Rollbacks Under New Labor Proposals

Editorial Team
Compliance
Safety
United States

New York — Construction workers could face darker, more dangerous job sites under sweeping regulatory changes proposed by the U.S. Department of Labor, as the agency moves to eliminate dozens of workplace safety standards in what officials call the "most ambitious proposal to slash red tape of any department across the federal government."

Among the more than 60 "obsolete" regulations targeted for repeal, construction-specific changes stand out for their potential impact on an industry already plagued by high injury and fatality rates. The Occupational Safety and Health Administration (OSHA) wants to rescind a requirement for employers to provide adequate lighting at construction sites, saying the regulation doesn't substantially reduce a significant risk.

The lighting requirement elimination has drawn sharp criticism from worker safety advocates who point to numerous construction fatalities linked to poor visibility. "There have been many fatalities where workers fall through a hole in the floor, where there's not adequate lighting," said Rebecca Reindel, the AFL-CIO union's occupational safety and health director. "It's a very obvious thing that employers should address, but unfortunately it's one of those things where we need a standard, and it's violated all the time."

OSHA said if employers fail to correct lighting deficiencies at construction worksites, the agency can issue citations under its "general duty clause." The clause requires employers to provide a place of employment free from recognized hazards which are likely to cause death or serious physical harm. However, even this enforcement tool faces proposed restrictions under the broader regulatory rollback.

Limiting OSHA's Enforcement Power

The Labor Department is proposing to limit OSHA's general duty clause authority, which currently allows the agency to punish employers for unsafe working conditions when there's no specific standard in place to cover a situation. An OSHA proposal would exclude the agency from applying the clause to prohibit, restrict or penalize employers for "inherently risky professional activities that are intrinsic to professional, athletic, or entertainment occupations."

A preliminary analysis identified athletes, actors, dancers, musicians, other entertainers and journalists as among the types of workers the limitation would apply to. "It is simply not plausible to assert that Congress, when passing the Occupational Safety and Health Act, silently intended to authorize the Department of Labor to eliminate familiar sports and entertainment practices, such as punt returns in the NFL, speeding in NASCAR, or the whale show at SeaWorld," the proposed rule reads.

Beyond Construction: Broader Worker Impact

The construction lighting rollback represents just one piece of a much larger deregulatory effort affecting multiple industries and worker categories. The proposals would eliminate minimum wage protections for an estimated 3.7 million home health care workers, reverse 2024 protections for migrant farmworkers against retaliation, and scale back mine safety oversight authority.

Secretary of Labor Lori Chavez-DeRemer defended the sweeping changes, stating the department is "proud to lead the way by eliminating unnecessary regulations that stifle growth and limit opportunity." The administration argues that reducing compliance costs will help businesses expand and create more jobs.

Industry Response Divided

The regulatory rollbacks have generated predictably divided responses across industry lines. Michael Marsh, president and CEO of the National Council of Agricultural Employers, applauded the deregulation efforts, citing the burden of navigating thousands of pages of new regulations imposed in recent years.

However, worker advocacy groups are mobilizing opposition to the proposals. "People are at very great risk of dying on the job already," said Rebecca Reindel, the AFL-CIO union's occupational safety and health director. "This is something that is only going to make the problem worse."

Debbie Berkowitz, who served as OSHA chief of staff during the Obama administration, said she thinks limiting the agency's enforcement authority would be a mistake. "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," Berkowitz said.

Construction industry safety experts note that the sector already accounts for one in five workplace deaths despite representing only about 7% of the workforce. The Bureau of Labor Statistics recorded 1,069 construction worker fatalities in 2022, with falls, being struck by objects, electrocutions, and being caught between objects accounting for the majority of deaths.

What Happens Next

Each proposed rule change must navigate a multi-stage approval process, including mandatory public comment periods where stakeholders can voice support or opposition. The timeline for implementation varies by regulation, but some changes could take effect within months if they advance through the process without significant modification.

For construction workers and their employers, the proposed changes signal a fundamental shift toward industry self-regulation and away from federal oversight. Whether this approach will deliver the promised economic benefits while maintaining worker safety remains the central question as these proposals move through the regulatory pipeline.

The debate reflects broader tensions between economic competitiveness and worker protection that have defined labor policy for decades, with the current administration clearly prioritizing deregulation as a path to increased prosperity.