Key Contacts
Practice Areas
Expect a Leaner and More Focused OSHA under Trump
The incoming Trump administration has been relatively quiet about its vision for OSHA over the next four years. While some are ringing the death knell for the agency, that reaction may not be justified. OSHA was fully operational in Trump’s first term, even issuing several new regulations and national emphasis programs. Moreover, OSHA initiatives are often driven by unions, and Trump is coming into office with significant union support. That said, we do expect an OSHA scale back.
The first is, simply put, less funding. The Trump team has indicated that it intends to reduce dramatically the size and scope of the federal government, and its sights are set on federal agencies. The proposed Department of Government Efficiency promises to enact widespread budget and staffing cuts across the government. If that mission is realized, OSHA may be particularly vulnerable to budget cuts. As we have previously noted, the Biden administration made a concerted effort to increase the number of inspectors at the agency, which had dropped to historic lows when Biden entered office. For those looking to cut the budgets of federal agencies, the budgets that have increased in the last few years could be a logical place to start. For OSHA, fewer funds would necessarily mean fewer inspectors, which in turn would mean fewer inspections and citations.
It also is possible that recent proposed OSHA regulations that have not yet been issued in final form, for example the new hazardous heat regulations, could be withdrawn. While any recently proposed regulations are at risk of withdrawal, the heat rule is at risk for two unique reasons. The first is that in regulatory filings, the rule was justified by rising heat due to climate change. This could draw the attention of the Trump team, which has signaled it will seek to eliminate climate-focused initiatives introduced under Biden. The second is that without the rule, OSHA can still address hazardous heat issues under its General Duty Clause, which is how OSHA has dealt with these issues historically. Industry has argued that OSHA’s authority under the General Duty Clause is sufficient to deal with hazardous heat. With its goal of cutting red tape, the new administration could be receptive to that argument.
While OSHA may face scale backs under the Trump administration, the agency is not going away and neither will inspections, citations, or fines. As a result, employers should continue to ensure workplace safety and full compliance with all OSHA regulations currently on the books.
