Another federal incursion

Following revelations of deficiencies in Nevada’s workplace safety programs after a series of worker deaths, notably during the construction of CityCenter, Rep. Dina Titus, D-Nev., has proposed a new law to allow the federal Occupational Safety and Health Administration to force improvements in state safety enforcement, stepping in to enforce safety laws during the time a state is fixing its programs.

Nevada is one of 22 states that run their own workplace safety programs with the blessing of OSHA.

At present, the federals’ options are limited, Rep. Titus said. It can “ask nicely” for problems to be fixed, or the federals can terminate a state program, an “extreme step.”

“This gives OSHA some options rather than just the two extremes,” Rep. Titus said.

No one favors shoddy procedures that lead to worker injuries or deaths. The best incentive to maintain high standards are the civil courts, where negligent construction firms can and do face costly lawsuits.

But Ms. Titus sought election to Congress claiming to be a different, fiscally conservative, kind of Democrat. Does she believe this latest federal incursion can be accomplished at no cost to taxpayers? The federal Congress has limited powers, specifically detailed. Supervising “occupational health and safety” in the states is not among them.

The 10th Amendment makes this a state or local matter.