The Occupational Safety and Health Administration (OSHA) has announced a proposal to amend the General Duty Clause of the Occupational Safety and Health Act, which could significantly impact workplace safety regulations for employees in inherently risky professions, such as sports and entertainment. This proposal references a dissenting opinion by Supreme Court Justice Brett Kavanaugh, who previously argued that the agency overstepped its authority in a case involving a worker's death at an aquatic theme park.

The proposed changes would exempt certain high-risk professions from the General Duty Clause, which requires employers to maintain a safe working environment when no specific safety standard exists. This exemption could affect over 115,000 workers, including athletes and entertainers, leaving them without essential safety protections in the event of workplace injuries or accidents.

OSHA's proposal is part of a broader trend of regulatory rollbacks that have included efforts to rescind requirements for adequate lighting on construction sites and to reduce protections for migrant farmworkers. Critics, including labor organizations, have expressed concern that these changes prioritize corporate interests over worker safety, potentially leading to increased injuries and fatalities in high-risk industries.

The General Duty Clause, established in 1970, serves as a catch-all provision to ensure workplace safety. Past enforcement actions have included citations for unsafe conditions in various industries, including entertainment and construction. However, the current proposal suggests that injuries occurring in professions deemed 'inherently risky' would not warrant OSHA intervention, a stance that has drawn criticism from labor advocates who argue that all workers deserve protection regardless of their occupation.

The proposal has been linked to the Department of Government Efficiency (DOGE), an initiative associated with the Trump administration aimed at reducing federal regulations. Labor experts have indicated that the changes reflect ideological motivations rather than a commitment to worker safety.

Industry groups representing sectors such as construction and manufacturing have also expressed interest in being included in the proposed rollback, further complicating the landscape of workplace safety regulations. As OSHA seeks to limit the scope of the General Duty Clause, labor organizations warn that this could set a precedent for further weakening of safety standards across various industries, undermining the original intent of the Occupational Safety and Health Act.