Florida lawmakers consider withdrawing state from OSHA during special session

A five-day special session of the Florida Legislature kicked off Monday afternoon after Governor Ron DeSantis called lawmakers back to Tallahassee early to try to weaken COVID-19 vaccine requirements for employees across the state.  

One of those measures is ditching the federal workplace safety administration known as OSHA.

Committees in both the Florida House and the Senate discussing bills that could be a first step for the state to regulate worker safety instead of the federal government.

"The bill only directs the executive office of the Governor to develop a proposal for a state OSHA plan and to provide a status update on the proposal by January of next year," said sponsor of the House bill, Representative Ardian Zika.

The identical bills are only three pages long. The point is to give the Governor the green light to generate a plan for a state-run OSHA program.

RELATED: Florida legislature begins special session to weaken COVID-19 vaccine, mask mandates

The proposed legislation comes after OSHA issued a rule that would require tens of millions of workers nationwide be vaccinated against COVID-19 or regularly tested. That rule is being challenged in court and is currently on hold.

"Florida knows Florida better than Washington, D.C., will ever know Florida," Zika said.

Law does allow states to withdraw from federal OSHA, 21 along with Puerto Rico have already formed their own agencies protecting both private and government workers.

"If a state has an approved program, they still have to adopt standards that are at least as effective as OSHA standard or identical to OSHA standards," explained Jordan Barab, former Deputy Assistant Secretary of Labor for OSHA.

Meaning a state workforce safety program will not give Florida any additional power for enforcing or not enforcing vaccine requirements.  Florida would still need to comply with all OSHA rules.

Officials say a state plan would significantly expand government and is a lengthy and expensive undertaking.

"This is a two to three-year process. Once you do it, once you complete your plan and your structure for how you're going to enforce it, it has to go through a multi-level review process at the federal government," Dr. Rich Templin, Director of Politics and Public Policy for the Florida AFL-CIO said.

"Florida would also have to come up with half the money that federal OSHA spends now in the state of Florida," added Debbie Berkowitz, former senior OSHA official.

She says if the feds sign off on the idea, a state-run program could cost millions in taxpayer dollars.

However, it would also likely expand workplace regulation to include state and local government employees, who currently have no protection.

"They need to take it seriously. They can't play political football with the health and safety of millions of working Floridians around the state," said Templin.

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