WORKPLACE SAFETY
LOOKING AHEAD TO 2025
MORE OF 2024 IN REVIEW
2024 PREDICTIONS RECAP
OSHA Released First-Ever National Heat Safety Rule The agency announced a new proposed rule in July that aims to protect workers from heat-related illnesses and fatalities. The groundbreaking rule would require employers to implement robust measures to safeguard employees from extreme heat both indoors and outdoors. DOL Cracked Down on Workplace Contract Provisions The Labor Department’s top lawyer announced in October the agency’s plans to target certain employment-related contract provisions, including those that require workers to report safety concerns to management first before going to workplace safety agencies like OSHA (contrary to workers’ rights under federal law). The DOL will also target provisions that incorrectly classify workers as independent contractors just to dodge legal responsibilities such as safety standards. OSHA State Plans Also Ramped Up Safety Initiatives In addition to California’s workplace violence prevention program taking effect in July, the state’s legislature passed a slew of new workplace safety laws. In June, Nevada OSHA issued its own proposed heat safety rule, which took effect in November. The Maryland State Plan finalized a heat stress rule, which took effect on September 30. That same day, Kentucky’s safety officials adopted an emergency regulation (which took effect the next day) in line with federal OSHA’s new walkaround rule. And New York enacted a law that requires retail employers to implement comprehensive workplace violence prevention measures starting in March.
First-Ever “Department of Government Efficiency” Leaders Will Make Significant Cuts to OSHA Trump’s new DOGE initiative (which, despite its name, will not be an official government agency) will take off next year, led by Elon Musk and Vivek Ramaswamy. Musk claims that DOGE can reduce the federal budget by “at least $2 trillion” – while most agree this is an untenable goal, you can bet on big slashes to federal agencies, including significant reductions to OSHA’s overall headcount and to the number of compliance, safety, and health officers. Trump’s OSHA Will Undo or Scale Back Safety Rules Issued During the Biden Administration Safety professionals can expect several key changes from the Trump administration. However, Trump surprised the business community on November 18 when he announced Lori Chavez-DeRemer, who has earned the endorsement of several unions, as his nominee to lead the DOL. If approved by the Senate, Chavez-DeRemer would have an enormous influence on workplace safety, and we would ultimately see OSHA’s heat standard finalized in 2025 (though likely in a scaled-back form). But we still expect this Trump administration to put electronic submission requirements back on the shelf, just as the first one did. We will also say goodbye to the new walkaround rule, but a pending lawsuit in a Texas federal court will be the more likely means to that end. Most MSHA personnel will not change, but we will see a pull- back on discretionary enforcement initiatives. SCOTUS Decisions This Year Will Transform Workplace Safety and Mine Safety Employers and advocacy groups will rely on two Supreme Court rulings issued in June this year to fight back against regulatory overreach. First, they will use the Court’s landmark ruling overturning the decades-old Chevron doctrine to combat rules issued by both OSHA and MSHA. Second, they will point to SEC v. Jarkesy , which narrowly limited how agencies can use administrative law judges and left the door open for broader challenges, to erode ALJ authority. And the DOL will look to change its procedure for appointing ALJs to address arguments that those judges are double-protected from removal in violation of the Constitution.
OSHA’s New Electronic Recordkeeping Rule Impacted Employers Nationwide A long-anticipated electronic recordkeeping rule took effect January 1 and, as we predicted, changed the game for many employers across the country. For example, establishments with 100 or more employees in designated “high-hazard” industries became newly required to electronically submit information from their OSHA Forms 300 and 301 to the agency each year. Union Walkthroughs Became a Reality We correctly predicted that OSHA’s proposed “walkthrough” rule would become finalized and effective by mid-year. Since May 31, workers have been allowed to designate a union representative (or other third party) to accompany an OSHA inspector during a facility walkthrough inspection – even if the facility is a not a union shop. Check out our FAQs for Employers. Safety Officials Stressed the Importance of Criminal Enforcement Coordination We warned employers about OSHA’s enhanced criminal enforcement coordination, and an enforcement report published in January confirmed exactly that (and Cal/OSHA announced similar efforts in August). Federal OSHA announced in November that worker death investigations had so far decreased in 2024 and partially attributed the decline to its increasingly aggressive criminal referrals, particularly with regard to unprotected trenches. HOW’D WE DO ON OUR PREDICTIONS? We got the predictions RIGHT
Kristin R.B. White
Todd B. Logsdon
Denver Partner and Co-Chair, Workplace Safety and Catastrophe Practice Group kwhite@fisherphillips.com
Louisville Partner and Co-Chair, Workplace Safety and Catastrophe Practice Group tlogsdon@fisherphillips.com
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