Congress Returns. Stay Tuned

For those of you terrified about what’s happening in the White House, the United States Congress will provide little comfort. Congress not only passes new laws (or abolishes old laws), but it also determines agency budgets. The Senate has fallen into Republican hands and is unlikely to escape their grip in the near future. The House of Representatives remains (barely) under Republican control for at least the next two years (but mid-term elections are just around the corner).

Thankfully, the filibuster remains in the Senate (requiring 60 votes to consider a bill), making major legislative changes in the Occupational Safety and Health Act, or the Mine Safety and Health Act unlikely. The budgets, on the other hand….

The House of Representatives

There’s a new chairman of the House Education and Labor Workforce Committee. Tim Walberg (R-MI) will replace Virginia “Communist under every bed” Foxx (R-NC). Whereas Foxx was a fire breathing harridan, Walberg is a fairly genial fellow, if no more a friend of working people than Foxx.  Foxx was termed out by the Republican Caucus, which unlike the Democrats, have term limits on Chairpersons. (Note: In the House, the Majority and Minority have separate webpages. You can find the Democratic Committee page here.)

But never fear, we won’t be rid of Virginia Foxx. She has taken over the chairpersonship of the powerful House Rules Committee which determines how each bill will be voted on on the floor, and which amendments will be allowed.

Meanwhile, Rep. Bobby Scott (D-VA) will remain as the Ranking Member of the Ed and Workforce Committee. (“Ranking Member” is the head of the committee for the minority party.) And the venerable Bob Shull, my successor on the Committee, will continue to provide crucial support to Democratic members.

Congressional committees are broken down into subcommittees that provide oversight over government agencies, and hold hearings and markups on bills that have been assigned to the Committee’s jurisdiction.  The Workforce Protections Committee oversees OSHA and MSHA as well as wage and hour issues. Rep. Alma Adams (D-NC), who chaired the subcommittee from 2019 to 2023, and was Ranking Member from 2023-2025, will move over to be Ranking Member of the Subcommittee on Workforce Development and Higher Education. Rep. Ilhan Omar (D-MN) will take over as Ranking Member of the Workforce Protections subcommittee.

The following members make up the Workforce Protections Subcommittee of the Education and Workforce Committee:

Democrats

Rep. Ilhan Omar, Minnesota, Ranking Member
Rep. Haley M. Stevens, Michigan
Rep. Greg Casar, Texas
Rep. Mark Takano, California

Republicans

Rep. Ryan Mackenzie, Pennsylvania, Chair
Rep. Mark B. Messmer, Indiana,
Rep. Glenn Grothman, Wisconsin
Rep. Elise M. Stefanik, New York
Rep. James Comer, Kentucky
Rep. Mary E. Miller, Illinois

All of the Democrats on the subcommittee have been strong defenders of OSHA and workplace safety efforts. The most exciting (and only) new addition to the subcommittee is Greg Casar, a 35 year-old second term Congressman from Texas’s 35 district, which includes Austin. Before running for office, Casar worked as policy director for the Workers Defense Project, where he won victories such as rest and water breaks for construction workers, living wage requirements, and against wage theft. Last July, Casar led a thirst strike to advocate for better workplace heat protection after a law passed in Texas that prohibited local ordinances that would have provided heat protections such as water and rest breaks.

Casar will also serve on the Health, Employment, Labor, and Pensions subcommittee which deals with other labor issues.

The Chair of the Workforce Protections Subcommittee, replacing Rep Kevin Kiley (R-CA), is Rep. Ryan Mackenzie, a first term Republican and former state Senator from Pennsylvania. His only notable “contribution” to workplace safety there as to oppose a Pennsylvania Senate bill that would have provided OSHA protections to Pennsylvania public employees. Instead, he introduced a bill to study the issue.

The Committee majority develops an Oversight Plan which guides the work of the Committee. The current Republican oversight plan commits the committee to

monitor the Occupational Safety and Health Administration’s (OSHA) efforts to ensure safe and healthy workplaces by properly setting standards and providing education, outreach, and assistance to workers and employers. In particular, the Committee will monitor OSHA’s efforts to end or modify Biden-Harris administration regulatory efforts that burden job creators while doing little to improve workplace safety. (Emphasis added)

The only OSHA-related bill that has been assigned to the Committee so far, is legislation proposed by Rep Andy Biggs (R-AZ) that would abolish OSHA. Biggs introduces this bill every year, responding to OSHA’s previous attempt to crack down on Arizona’s state plan for not adopting OSHA standards and policies. So far the bill has zero cosponsors.

Senate

Meanwhile, over in the Senate, Republicans are taking over the Health, Education, Labor and Pensions Committee (HELP), which means that Senator Bernie Sanders (D-VT) will move from Chair to Ranking Member. Gone will be reports such as the Committee’s work last year on the high number of injuries in Amazon workplaces as well as any meaningful oversight of corporate wrongdoing.  There have not been any assignments to HELP subcommittees yet.

Chairing the Senate HELP Committee is Dr. Bill Cassidy (R-Louisiana). In 2023, Cassidy “slammed” OSHA for issuing its walkaround rule, accusing the agency of assisting union organizing and inappropriately politicizing worker safety and health. The Committee also includes such labor-friendly (not!) Senators as Rand Paul (R-KY), Marsha Blackburn (R-TN), Tommy Tuberville (R-AL) and Tim Scott (R-SC). To its credit, it also includes “moderates” like Susan Collins (R-ME) and Lisa Murkowski (R-AK)

Appropriations

The House Appropriations Subcommittee that covers labor issues will continue to be chaired by Rep. Robert Aderholt (R-AL), and Rep Rosa DeLauro (D-CT), a fiery labor champion, will continue as Ranking Member. The Senate subcommittee Labor, Health and Human Services, Education, and Related Agencies membership for the has not yet been determined.

What is to be done

The staff here at Confined Space will keep you updated on upcoming legislative activities that require your action. While Committee members are important to lobby, every Congressperson and Senator votes on the floor and should hear from their constituents about important issues.  If we are to fend off any serious attacks on OSHA, MSHA or workplace safety and health, deaths and injuries need to be real to your representatives. Check out the Weekly Toll every week. If a worker is killed in your state or your Congressional district, make sure your Senator and Congressperson know about it. Send them a newsclip and demand increases in OSHA funding and that they oppose any attempts to weaken workplace health and safety protections.

We are currently updating the Political Action page above which will have all of the contact information for every relevant House or Senate committee member.  You can find contact information for your Representative here and your Senators here.