Unions sue Trump administration over dismantling of safety agency NIOSH

Legal Action Taken Against Dismantling of U.S. Occupational Safety Agency

In a significant legal move today, a coalition of unions from diverse sectors such as nursing, education, mining, and manufacturing, as well as a personal protective equipment manufacturer, have filed a lawsuit against the federal government. The lawsuit challenges the Trump administration's decision to severely cut back the operations of the National Institute for Occupational Safety and Health (NIOSH), an agency under the Department of Health and Human Services (HHS).

The administration, with HHS Secretary Robert F. Kennedy Jr. and under directives from Elon Musk’s DOGE, has initiated substantial cutbacks at NIOSH. These changes threaten to dismiss over 85% of the staff, causing significant disorder and impacting critical programs designed to ensure worker and public safety.

The lawsuit was filed by the Public Citizen Litigation Group and the AFL-CIO’s Office of the General Counsel in the U.S. District Court for the District of Columbia. Plaintiffs in the case include prominent unions such as the AFL-CIO, National Federation of Federal Employees, and National Nurses United, among others. They argue that the cutbacks pose severe risks to worker safety and contravene legal mandates.

Impact on Worker Safety Programs

The complaint details how the cuts threaten essential programs conducted by NIOSH, including:

• Certification and testing of PPE, including respirators, essential across various industries like healthcare and firefighting.
• Conducting research on mine safety and providing medical screenings for coal miners.
• Investigating workplace environments to identify health hazards.
• Supporting the training of future occupational health professionals.
• Providing guidance for medical compensation for nuclear workers and Sept. 11 responders.

Recently, in response to widespread opposition, the administration withdrew layoff notices for about 300 of NIOSH’s approximately 1,000 employees. This move followed a judge's temporary restraining order against the administration’s plan to implement significant agency reorganization.

According to statistics, annually, workplace-related incidents result in over 5,000 deaths, 135,000 fatalities from occupational diseases, and countless injuries. The lawsuit demands the reinstatement of all NIOSH staff to prevent these figures from worsening.

AFL-CIO President Liz Shuler emphasized the stakes, stating, “By gutting NIOSH, Elon Musk and his DOGE won’t just be cutting corners—they are cutting lives short….” The potential health impacts of the cuts have been echoed by other union leaders and representatives, who cite increased risks and decreased protections for workers.

Broader Implications and Statements

Legal experts, including Bonnie Robin-Vergeer from the Public Citizen Litigation Group, argue that the administration’s actions are unconstitutional, bypassing Congress and federal laws. The agency’s reputation as a critical, albeit small, entity in occupational safety underscores the urgency of its preservation.

Leaders from various affected sectors, including education and health, have voiced strong opposition. AFT President Randi Weingarten noted, “NIOSH’s job is to protect workers on the job,” criticizing the cuts as prioritizing cost-cutting over human lives.

Responses from other union leaders, such as those from the United Mine Workers of America and the United Steelworkers, highlighted the extensive impact on diverse industries and communities reliant on NIOSH’s work to maintain safe and healthy work environments.

Joe Puleo from AFSCME Local 983 and Claudio Dente of Dentec Safety Specialists also emphasized the crucial role of NIOSH’s programs, especially in light of past tragedies and ongoing needs for safety assurance in manufacturing.

Further details on the lawsuit can be found here.

For more information, contact Prerna Jagadeesh at 202-637-5018.