Employers wondering if the Trump administration will continue to enforce workplace safety laws now have an answer: yes.
President Donald Trump signaled plans to nominate environmental safety and health consultant David Keeling to lead the Occupational Safety and Health Administration (OSHA). A self-employed environmental safety and health consultant based in Nashville, Tennessee, Keeling has over two decades of experience leading global health and safety programs for UPS and Amazon.
The administration also named attorney Amanda Wood Laihow to serve as Keeling’s deputy. Laihow directed labor policy for the National Association of Manufacturers and adjudicated OSHA citations as a member of the Occupational Safety and Health Review Commission. In addition, the Senate is expected to soon consider confirmation of Trump’s nominee for Labor Secretary, Lori Chavez-DeRemer, a frequent ally of organized labor in Congress whose nomination was pushed by the President of the International Brotherhood of Teamsters.
While the second Trump administration has taken significant steps to scale back federal regulations and the federal workforce, it appears inclined to continue the path established by the first Trump administration, which was characterized by vigorous enforcement of existing OSHA standards, but little appetite for new ones. If confirmed, Keeling will consider proposed Biden standards on indoor and outdoor heat exposure, infectious diseases and other hazards. He may also address Biden era revisions to the Walkaround Rule that now enable nonemployees — such as union representatives, employee-side attorneys and advocates — to participate in OSHA inspections, even at nonunion worksites. The U.S. Chamber of Commerce has challenged the revised Walkaround Rule in federal court.
At a minimum, even with funding reductions and a freeze on proposed regulations, OSHA likely will continue enforcement efforts to address hazards that do not fall under a standard through its authority under the General Duty Clause of the Occupational Safety and Health Act. In addition, the agency has a new tool to target employers with high injury and illness rates or are not in compliance with the recently revised Recordkeeping Rule.
Here are a few best practices to consider as employers prepare for success in this time of transition:
- Submit injury and illness data from Forms OSHA 300, 300A and 301 if required by the Recordkeeping Rule. This year’s deadline is March 2, 2025.
- Ask for the credentials, professional background and purpose of union representatives or other nonemployee advocates who show up during OSHA inspections, and consider refusing entry if their presence may become a problem.
- Prepare a Heat Injury and Illness Prevention Plan for indoor or outdoor work when temperatures or the heat index reach at least 80⁰ F, and train workers on heat illness prevention, medical treatment and emergency response.
- Keep an eye on State Plan states that enact their own standards. For example, eight states have state-specific heat illness standards, and two state legislatures recently enacted state laws governing heat exposure in workplaces.