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February 7, 2025 • 20 mins

The podcast episode discusses a legislative proposal to abolish OSHA, introduced by an Arizona Congressman who argues that workplace safety should be managed by states and private employers rather than the federal government. However, similar efforts in the past have failed, and the speaker believes this attempt is unlikely to gain traction. OSHA plays a crucial role in setting, educating on, and enforcing safety laws, though compliance alone does not guarantee workplace safety. Currently, 22 states operate their own OSHA-approved programs, with varying degrees of success. The discussion highlights that ethical companies view OSHA as a baseline but strive to go beyond compliance by embedding safety into their workplace culture. In contrast, some businesses only implement safety measures due to legal or financial consequences, such as insurance claims and liability costs. The speaker emphasizes that true workplace safety is not just about following laws but fostering a culture where leadership values and prioritizes employee well-being. While the abolition of OSHA is unlikely, the broader challenge remains in ensuring that all organizations, especially those with little regard for safety, are held accountable.














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Episode Transcript

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Mark French (00:01):
This week on the podcast, yeah, I'm gonna talk
about it. Let's just get rid ofOSHA. Let's deregulate it. Let's
outlaw it. Let's get rid of it.
Yeah, we're gonna talk a littlebit about that coming up on this
episode of the podcast.

Announcer (00:22):
You mark, welcome to the leading and learning through
safety podcast. Your host is DrMark French. Mark's passion is
helping organizations motivatetheir teams. This podcast is

(00:46):
focused on bringing out the bestin leadership through creating
strong values, learningopportunities, teamwork and
safety, nothing is moreimportant than protecting your
people. Safety creates anenvironment for empathy,
innovation and empowerment.
Together, we'll discover meaningand purpose through shaping our

(01:08):
safety culture. Thanks forjoining us this episode and now
here is Dr Mark French. You

Mark French (01:25):
Music. Welcome to this episode of the leading and
learning through safety podcast.
I am your host, and again, thankyou for joining me. So happy.
You're with me this week as wetalk through so many things
safety, but also leadership. Howdo we lead better? And we lead
better when our people feel safeand they are safe, we can create

(01:47):
that. We have a uniqueopportunity in our profession to
be able to do that. And so thisweek, I could not ignore the
news and all the political postsand all the Facebook posts and
so much interesting about thislegislation that got introduced

(02:09):
that I personally do not thinkit will go anywhere. And again,
personal opinion, but let's jumpinto that and talk a little bit
about it. So an ArizonaCongressman introduced a bill to
abolish the Occupational Safetyand Health Administration his
part, the reason he thought thisis because of a bloated federal

(02:30):
government and believes thatsafety and health issues are
better handled by the states andprivate employers. It was signed
into law in 1970 by PresidentNixon, etc, etc. It's been
around a while, and there's alot of effect with this. Now,
this is not the first time thathe has introduced this

(02:51):
legislation, and it absolutelynever goes anywhere, never has,
once probably won't. Now, wherethe bigger concern is, is that
will there be probably somebudget cuts for OSHA? Yeah, on a
federal level there, that isprobably expected. Are there
enough inspectors going on toreally help curb the key issues?
No, it's been underfunded for awhile. It needs more. But I also

(03:16):
understand so I have a uniqueperspective, somewhat from being
in this world for quite sometime, working around businesses,
being the side of a safetyperson in a business, and
understanding, really what OSHAdoes and what it doesn't do. And

(03:38):
I'm going to give a lot ofpersonal opinions on this, this
podcast, this is going to be alot of me talking about my
experiences and where I thinkit's good, where I think it's
bad. And I'm not sure that anylegislation in that is going to
be introduced like that is goingto make any difference. So first

(03:58):
of all, when OSHA was put intoeffect, there, you could choose
states could choose to be partof the federal program, or they
could create their own stateprogram. So already there's 22
states running their own plans,covering covering both private
and local government workers. Sothere's already a good

(04:21):
percentage of the United Statesthat is already a state funded
plan that the state itself isrunning it now there's been some
success stories in some states.
There's been some failures,where some oversight went and
the Federal had to take it backover because it wasn't doing its
job. It was ignoring criticalrisk factors. From that

(04:47):
standpoint, I had the privilegeof being able to be part of the
Murray State University safetyprogram, one of the oldest, most
accredited, not having OSHAaround would pay. Negated that
educational opportunity for alot of people to do it. Will
safety go away? No. Will thelaws be repealed? I really

(05:11):
strongly doubt it. Is it sillyto do this? Is it political
grandstanding of some form?
Probably I will. It's all rightthere, and it's going to be
complicated. There's a lot ofcomplicated political things
going on right now, from astandpoint of safety, what I
have found that the greatestopportunity that OSHA has

(05:32):
allowed me one is it does set astandard there. There is a very
clear standard of safe andunsafe, even though that doesn't
in particularly always preventinjuries. You can be 100%
compliant with the OSHAregulations and still have
injuries. Yeah, that that ispart of it. There's a lot of

(05:55):
items out there that can stillhurt people that there's not a
clear path to guarantee thatsomeone will not get hurt. Most
of the OSHA regulations, I'vesaid this before, and I've heard
this before, are literally andfiguratively written in lots and
lots of blood. Before we wereable to get a law on the books,

(06:18):
it took a lot of people gettingseriously hurt or killed before
we were able to legislate it.
That's why, when we talk aboutthe law as OSHA, we're talking
about the minimum, and most ofthe good companies out there
understand that you have to beabove and beyond, you have to do

(06:41):
more. We comply with the law,and that gives us a baseline of
compliance, but we have to lookat more. We have to be more. We
have to do more to be able toreally protect our people. And a
lot of the times, there's beentwo ways that in my past, I have
made great influence in safety.
Or three, I'll what,unfortunately, I'm thinking

(07:04):
about the negative side of someof the situations leadership
items that I've been involvedin. I guess I'll start there.
Let's start with one. The factthat a company wants a safety
person and wants to hear thevoice of a safety person is
usually a strong indicator thatthey're starting to do things
right, or they want to do thingsright, or they are doing things

(07:26):
right in the fact that they findsomeone who truly understands
and cares. Great. That's what itshould be. There have been times
in my career where, yes, I havehad to look at someone in
charge, and we've discussed,unfortunately, things that are
not so good, and I have to breakout the things that I hate

(07:50):
having to rely on the most,because it is the bottom to me.
It's like your last and finalargument in a lot of ways. And
it shouldn't have to be youshouldn't have to result to this
as a leader in an organization,to result to this type of
conversation in any form. Andthis goes across, really, any
industry like we can talk aboutlike any, let's talk IRS, let's

(08:14):
talk Department of Labor, let'stalk any, any government law or
official, there should not be atime in that history as you have
a leader that you have to walkup to a next level leader or
executive and you say, I haveadvised you against doing that.
Out of my professional opinion.

(08:38):
I am now telling you that if youchoose to do that. It is only
against my professional opinion.
It is also legal. According tothis standard, you are about to
choose to do something illegal.
That's not a good you reallydon't want to be there as a
leader. Again, that's whereyou've really reached into a

(08:59):
situation where there'sdysfunction, functional
organizations do not need tohave those style of
conversations. It does give atleast some semblance to
organizations to have those lawsto fall back on, even if, let's

(09:19):
say, OSHA was abandoned that wejust finished it. I still don't
the companies that aren't doingthe right thing would probably
still be more empowered to dothe wrong thing without fear of
penalty of OSHA. But I don'tthink that some of the penalties
right now are reallydiscouraging some anyway, and

(09:43):
that's unfortunate. No oneshould have to come to work and
get hurt because those companiesthat are choosing to be bad, and
this is choice, choosing to notprotect their people, the fear
of OSHA is minor compared toother opportunities that are
out. Out there, and a lot of itis around cost, having to pay
the insurance claims, having topay the liability. That's the

(10:06):
other fundamental that we fallback on to safety professionals
in a tough situation when wewant to get our point across and
we talk dollars, let's talk moreabout that on the second half of
the leading and learning throughsafety podcast.

Commercial (10:22):
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Problem is that it can be easilymisinterpreted. Dr Mark French
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(10:43):
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Stinger (11:00):
you are listening to the leading and learning through
safety podcast with Dr MarkFrench, and

Mark French (11:08):
welcome back to the second half. So we're talking
about the potential legislationthat went in to abolish the OSHA
Act, which I don't think willgain much traction, but the use
of OSHA, it's really threefactors. They create laws, they
educate on laws, and theyenforce. A lot of times when

(11:30):
good companies really approachpeople safety, they're looking
at beyond those basic thingsanyway. They're looking at, how
do you be better? Where itreally affects is those
companies who don't care. Itgives at least some threat. It's
kind of like the perpetualspeeder. The threat of being
caught sometimes will slow youdown a little in certain areas.

(11:51):
Same thing with OSHA, those whoare not doing a good job in
safety play the game where theythink if there's an opportunity
to get caught, they won't getcaught, and they're still going
to do bad things and put peopleat risk. Fundamentally, we're
talking about this reallysubsection of organizations that

(12:12):
are poor and don't care. Andinfuriate me, because how can
you not care about people, buthistorically, that certainly is
well documented through historyof just not caring about people.
So that's a whole I think that'smore philosophical than it's

(12:34):
going to be technical safety,and so we'll move past that,
because I could go into that waytoo long, way too long. But we
were talking about cash, and howthe fear of losing money is also
the other motivator, not justthe law, but when you have those
injuries, having to pay yourinsurance claims, having to pay

(12:54):
all the things that come with itand potential liability that
could come with it, when you'retalking dollars to an
organization that also createschange. And again, that's that's
a lagging indicator and alagging metric, to be able to
talk to people about it doesn'treally if you're there, you're

(13:14):
either at a starting point ofwhere you're really starting to
educate leadership and educatepeople on what safety is
providing, or if it's theconstant conversation, your your
organization is not reallythriving, it's not looking at
the next advancement in humanmotivation and leadership kind
of stuck, not necessarilyproactive, but not At least

(13:40):
you're thinking about at leastyou're caring something, one is
always greater than zero. Now,would we love to be 100 and in
the scaling case, yeah, maybe.
But one is still greater thanzero. If we're doing something,
we're doing something, andthat's better than nothing,
always. So if we're talkingabout it, even if it's Hey, you
can't do that because it'sillegal or it's going to cost

(14:02):
you a lot of money if someonegets hurt. At least it's a
discussion. At least it's abeginning point for talking
about safety. So let's look atthe other organizations that
really have embraced andunderstand and are focusing on
the good parts of leadership increating safety for people. Is
OSHA A prime motivator for thoseorganizations, not really. It's

(14:26):
usually something inherent tocore or culture. It's something
that is fundamental. It'ssomething about value. It's
something about human life. It'ssomething about caring about
people. It's more than just alaw that says don't hurt people.
It's an understanding that youcan't be known as an

(14:49):
organization that hurts peopleand creates problems. There's so
much about that, but if youfund. Mentally see that, then
the case for safety remains. Isit good to have a law that that
at least begins theconversation, to have the case
for safety? Yeah, someorganizations need that starting

(15:10):
point, and this is a startingpoint for that. And again,
that's why I don't see it, giventhe history of how much it took
to actually get the OccupationalSafety and Health Act, and the
evolution through the years ofit, in the way that laws are
promulgated now, and some of thework in the fact that 22 are
running their own individualstate plans already, I don't

(15:31):
think the risk is high. I thinkthere could be more done. I
think there should be more done.
But I'm also in the profession,and I see the value, and I've I
know people who are out theredoing it every day, and feel
that they are doing some somereally good work out there, and

(15:52):
they see some really terriblethings, and they do some really
good work. Where I look at it isthose organizations that need
OSHA are usually not gettingcaught anyway, because they're
there's so many, there's theyknow. They know it. Again, I go
back to my speeding example. Ifyou if you know where the speed
traps are going to be, you knowwhere to avoid them. And that's

(16:15):
all what we see, unfortunately,until things are terrible,
terrible, where otherorganizations that have values,
that understand motivation ofpeople, that understand
leadership is so important andvery prominent, where safety is

(16:36):
inherent, and we're not evenlooking at the baseline. We're
looking at where do we? Whereare we? Where will we be better?
How do we continue to protectbecause again, OSHA compliance
does not guarantee safety.
There's still hazards out therethat may not be covered. There's
still situations out there thatmay not inherently be
legislated, that we look for,that we work on, that we can

(16:57):
look for, the analysis to findhow to protect our people
better. It's all the time, it'sand it's not just the hazards,
it's how we interact with ourworkplace. Because risk does not
go away. You can lower the risk.
You can eliminate technically,if people are still there's a

(17:21):
lot of argument there. Let meuse the generalization that if
someone is interacting with theprocess, risk is there. It can
be really, really low and it canbe within a just really
tolerance level of of low. Riskdoesn't mean that it couldn't
happen, doesn't mean that someprotection could not work, and

(17:45):
something could happen.
Hopefully it's minimized to thebest of our ability. That's what
we're gonna minimize it. I thinkwe're having the biggest gap,
and the biggest trouble in whatwe do is because we have such a
wide gap. If you were to look atthe bell curve, this is long and
wide for the US. We have thosethat are in the middle just

(18:09):
doing the thing. We have thosethat are excelling. We have
those that don't care at all.
And there's a varying degrees ofall of it. So the span of good
to bad to great was huge, andit's hard to manage all of that.

(18:30):
I have a final thought that kindof leaves it hanging out there,
but that's really where it comesis, how do you try your best to
gather as much as you can towardthe middle? And you play the
odds and you work your best tocreate lower risk. Thanks for
joining me on this episode. Iappreciate you joining me

(18:50):
through this randomness oftalking about OSHA, and until
next time we chat, stay safe.

Announcer (19:00):
Thank you for listening to the leading and
learning through safety podcast.
More content is available onlineat www dot tsda consulting.com
all the opinions expressed onthe podcast are solely
attributed to the individual andnot affiliated with any business
entity. This podcast is forinformational and entertainment

(19:25):
purposes. It is not a substitutefor proper policy, appropriate
training or legal advice.
You This has been the leadingand learning through safety

(19:56):
podcast. You.
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