LIUNA No Longer Has a Say OSHA on Construction Standards and Policy Matters

August 21, 2025 - Contractors CLDC LMCC LECET

For more than 30 years, staff at the Laborers’ Health & Safety Fund of North America have advocated directly to Federal OSHA on behalf of LIUNA’s members and signatory contractors. Perhaps the most direct example of that is the collaborative partnership forged through OSHA’s Advisory Committee on Construction Safety and Health (ACCSH). This committee, which includes both employee and employer reps, state safety and health agency reps and select members of the public, advises OSHA on construction standards and policy matters affecting federally financed or assisted construction.

LIUNA General President Brent Booker
LIUNA General President
Brent Booker

Over the years, many members of the Fund’s OSH staff have been part of ACCSH. Ryan Papariello, the LHSFNA’s Safety & Health Specialist, has served on ACCSH since December 2021. During his tenure, he’s pressed OSHA to do more to protect vulnerable road workers, including LIUNA members. He also participated in ACCSH’s development of the OSHA Infrastructure Safety and Health page, a comprehensive resource for employers and workers taking part in rebuilding our nation’s critical infrastructure.

“Federal committees like ACCSH and their working groups create a direct line to the administration on construction safety and health,” said LIUNA General President Brent Booker. “It’s created a seat at the table for LIUNA members and made sure our voice gets heard.”

By law, ACCSH must be consulted by OSHA’s Assistant Secretary when the agency creates, modifies or revokes standards that apply to construction. This statute—created by an act of Congress over 50 years ago—recognizes the critical role that labor unions, contractor associations and safety and health professionals play in the construction industry.

However, this relationship ended abruptly on July 1, 2025, when the Department of Labor issued a new final rule that removed OSHA’s obligation to consult with the members of ACCSH. As of this writing, current ACCSH members haven’t heard from DOL about what this means for the future of the committee.

“The mandate to consult with ACCSH existed so both employer and worker representatives could take part in the regulatory process,” said LHSFNA Management Co-Chair David F. Rampone. “In an industry like construction, the real-life experience of members and contractors on the frontlines is irreplaceable.”

Indeed, current ACCSH working groups include Emerging & Current Issues and Health Hazards in Construction. These and past working groups on Infrastructure, Multilingual Issues and Temporary Workers help ensure that OSHA stays informed on the most pressing needs of America’s construction workers and employers.

It appears OSHA revoked this ACCSH statute to comply with the President’s Unleashing Prosperity Through Deregulation executive order, which directs agencies that “for each new regulation issued, at least 10 prior regulations be identified for elimination.” The final rule on ACCSH makes reference to this, citing that “compliance with these regulations would needlessly delay the Secretary of Labor’s regulatory agenda.”

LHSFNA staff at an ACCSH meeting with Jim Frederick, former Deputy Assistant Secretary of OSHA

What is that regulatory agenda? So far, Secretary of Labor Lori-Chavez Deremer has announced over 60 deregulatory actions, many of which apply to construction. Travis Parsons covered a few briefly on video, but the highlights include:

  • Removing the specific illumination standard in favor of the General Duty Clause
  • Rolling back enforcement, reporting requirements and delaying standard development at MSHA
  • Excluding OSHA from applying the General Duty Clause in certain “inherently risky professional activities” such as sports and entertainment

The LHSFNA will continue to monitor these and other deregulatory actions coming out of the Department of Labor that could ultimately make construction sites and other workplaces less safe for LIUNA members.

“As a safety professional, it’s disappointing to lose any avenue to speak up for LIUNA’s members and signatory contractors,” said Ryan Papariello, LHSFNA Safety and Health Specialist and former ACCSH member. “We want to push safety forward, and when you take away that seat at the table, to me, that’s a step backwards.” [Nick Fox]