WORKPLACE SAFETY
FP’S EMPLOYER RESOURCES Check out our OSHA FAQs for Employers.
PENDING OSHA STANDARDS ON HOLD FOR NOW, ULTIMATE FATE UNCLEAR The Trump administration’s regulatory freeze on day one puts a pause on several Biden-era proposed OSHA regulations, and open questions remain about if or when the agency will finalize them under new leadership (including the new Secretary of Labor). Read more on OSHA efforts to expand fire brigade rules to cover emergency response workers and set a national heat safety standard. MSHA ENFORCEMENT WON’T CHANGE MUCH, BUT NEW LEADER MAY IMPACT SOME KEY AREAS While the Mine Safety and Health Administration (MSHA) is also undergoing a change in leadership, we don’t expect any significant changes from the agency since its enforcement scheme is established by statute. However, Wayne Palmer’s confirmation process could shed light on how he might influence MSHA’s personnel decisions and regulatory agenda, as well as the fate of a Biden-era proposed silica rule, which a court temporarily blocked from taking effect while it hears a challenge to the rule brought by industry groups. Read more about Wayne Palmer and the latest on MSHA’s silica rule enforcement.
NEW OSHA LEADER BRINGS STRONG INDUSTRY REPUTATION— AND SOME SURPRISES Employers—as well as the Teamsters—celebrated President Trump’s pick to head the Occupational Safety and Health Administration (OSHA). Under David Keeling’s leadership (Senate confirmation pending), the agency is expected to roll back several Biden-era policies while setting new priorities for enforcement. But OSHA just released new detailed workplace safety incident reports—a data dump we thought would be one-and-done in the Biden era. Read more about David Keeling and what to expect under his leadership.
Predictions for Next 100 Days... and Beyond
• OSHA will most likely reverse or scale back electronic submission requirements. • A national workplace heat standard will be finalized in 2025, but it will likely be scaled back with consideration for viewpoints of the employer community. • The walkaround rule remains in jeopardy due to significant court obstacles, and the Trump administration will weigh in before a court does—potentially even by settling with the plaintiffs and agreeing to abandon the rule. • MSHA’s constant regulatory presence will continue, but Palmer may pursue a regulatory agenda in line with the administration’s broader promises of regulatory reform.
Todd B. Logsdon Partner and Co-Chair, Workplace Safety and Catastrophe Management Practice Group Louisville tlogsdon@fisherphillips.com
Kristin R.B. White Partner and Co-Chair, Workplace Safety and Catastrophe Management Practice Group Denver kwhite@fisherphillips.com
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