With President Donald Trump now in his second term, significant changes are expected for the Occupational Safety and Health Administration (OSHA). This follows the approach taken during his first term and aligns with his broader agenda to reduce regulations.
One major issue is that full OSHA enforcement is currently on hold. The Occupational Safety and Health Review Commission (OSHRC), which handles disputes over OSHA citations, has not had enough members to operate since April 2023. The remaining commissioner’s term ends in May, and if a new member isn’t confirmed by then, the backlog of cases will continue to pile up.
Regulatory activity is also likely to slow down. During Trump’s first term, OSHA issued fewer new safety standards and rolled back existing ones. This trend is expected to persist, especially with the “10-to-1” deregulation initiative that requires agencies to eliminate ten regulations for every new one they introduce. For instance, the proposed Heat Injury and Illness Prevention Standard, which aimed to protect workers from extreme heat, is unlikely to be finalized. This rule was put on hold by the Trump administration and may be abandoned entirely.
Enforcement priorities are shifting as well. In Trump’s first term, OSHA saw a 10% decrease in inspectors and emphasized voluntary compliance over strict penalties. This approach is expected to continue, with fewer inspections and a focus on collaboration rather than punishment, particularly for small businesses. The nomination of David Keeling, a former safety director at UPS and Amazon, as the head of OSHA suggests a preference for practical leadership that values efficiency.
Additionally, two significant Biden-era initiatives face uncertainty. The Walkaround Rule, which allows third-party representatives to join inspections, and expanded electronic injury reporting requirements are both at risk. Business groups are challenging the Walkaround Rule, and the Trump administration may choose to withdraw it. Similarly, the expanded reporting requirements are likely to be scaled back, easing the burden on employers.
There are also legislative efforts that could impact OSHA’s future. Rep. Andy Biggs has reintroduced the Nullify OSHA Act, which aims to eliminate OSHA and shift workplace safety responsibilities to states and private employers. While its passage seems unlikely due to the current political landscape, it reflects a broader conservative push to reduce federal oversight.
The National Institute for Occupational Safety and Health (NIOSH), which supports OSHA with research, has faced significant layoffs, making it difficult to develop new regulations. With a reduced workforce, NIOSH’s ability to conduct investigations will also be limited.
Even if federal OSHA reduces its activities, states with their own OSHA plans, such as California and Oregon, are likely to maintain or even strengthen safety regulations. This could create a patchwork of rules where employers in these states still face strict safety requirements.
Overall, under Trump’s second term, OSHA is expected to have a lighter federal presence. There will likely be fewer rules, softer enforcement, and potential reversals of recent policies. Employers should prepare for a shift towards voluntary compliance while remaining aware of state-specific obligations.