Regulatory Federalism and Workplace Safety: Evidence from OSHA Enforcement, 1981–1995

The Occupational Safety and Health Act (OSH Act) gives states the option to enforce federal occupational safety and health standards on their own instead of relying on the federal Occupational Health and Safety Administration (OSHA). This legislative provision provides an opportunity to analyze a homogenous set of regulatory standards enforced by heterogeneous agents engaged in interjurisdictional competition. This study finds important differences in the effectiveness of enforcement options measured by occupational mortality. State-administered OSHA programs are associated with fewer workplace fatalities than states regulated at the federal level. This finding is consistent with regulatory federalism and government-as-facilitator models of OSHA enforcement.     

OSHA inspections: Process and outcomes in programmed inspections versus complaint-investigated inspections

Inspections are an important tool for enforcing OSHA regulations. As with any enforcement procedure, OSHA inspections are an effective tool to the extent that they are conducted in a consistent manner. In this study we compared 3,000 inspections randomly initiated by OSHA with 3,000 inspections conducted by OSHA in response to an employee complaint. Significant differences in both process and outcome variables were found between the two types of inspections. We discuss the findings in terms of the “threat effect” as a tool for enforcement of OSHA safety standards.     

Protecting employee safety rights: OSHA or arbitration?

This paper analyzes the protection of employees against employer retatliation for seeking a safe and healthy workplace. It discusses the exercise of rights guaranteed by the Occupational Safety and Health Act (OSHA) of 1970 and compares the legal protection of Section 11(c) of that Act with the grievance arbitration mechanism found in most union contracts. It also considers the importance of union representation in the ability and protection of employees seeking to exercise their OSHA rights. Administrative and legislative recommendations are made to improve the OSHA procedures, and questions are raised regarding adapting arbitration procedures to the OSHA mechanism.