Five Things to Expect from the New Administration on Safety Regulations

by | Jan 21, 2025

OSHA, EHS, environmental health and safety, worker safety, OSHA complianceEvery new administration brings their own priorities to OSHA. While we can’t see the future, we can make some educated guesses on what will change under the second Trump administration based on what happened under the first Trump administration.

 

1. Proposed Heat Standard Will Get the Cold Shoulder

We expect that the proposed heat safety rule, originally projected to become final in early 2025, will be scaled back dramatically, delayed, or scrapped altogether. The rule as written is long, complex, and will require significant additional effort from employers. The rule will likely be rewritten as a performance standard if it is not killed outright by the new administration.

The Trump administration has several potential options available to halt the rule. The Congressional Review Act (CRA) offers a quick way for a new president, with the consent of Congress, to undo certain regulatory actions implemented by the previous administration. Using the procedures outlined in the law, Congress may enter a joint resolution of disapproval to repeal a final rule. If the President concurs, then the agency is also prohibited from issuing a substantially similar rule in the future—unless, of course, Congress reverses course and later gives authorization.

Recent incoming presidential administrations have also issued memoranda to federal agencies asking them to halt progress on regulations that were underway during the prior administration so that the new administration can review them. This allows the new administration to decide which regulations to proceed with and which ones it no longer wishes to pursue. The heat rule has not been finalized, so the Trump administration may be able to use such a memorandum to prevent OSHA from issuing a final rule. It can then pursue a different approach more in line with the new administration’s priorities.

However, even though the heat standard may never see the light of day, employers cannot just ignore heat-related obligations. OSHA’s National Emphasis Program for Outdoor and Indoor Heat-Related Hazards remains in place until April 2025. If the National Emphasis Program is allowed to expire, OSHA can still cite employers under the General Duty Clause for failing to protect employees from a recognized hazard.

 

2. Walkaround Rule Will Face Significant Court Obstacles

OSHA issued a final rule in 2024 on the “walkaround rule,” which allows third parties (including union officials) to accompany OSHA compliance, safety and health officers (CSHOs) on an inspection of a workplace if an employee requests them to do so. The rule went into effect on May 31, 2024.

Employer industry groups have expressed significant concerns regarding the rule, particularly regarding the lack of clarity around how many representatives can join the inspection, and the lack of guidance to arm CSHOs in determining how to prioritize, approve, and manage employee requests. The rule has also generated controversy because it would allow workers to designate a union representative to accompany a CSHO during a facility walkaround—regardless of whether the representative is the company’s employee or the facility has signed a collective bargaining agreement with a union. So, what are the avenues of attack to expect against this rule?

The 60-day “lookback” period under the CRA has expired. This means that a CRA resolution cannot be introduced for the walkaround rule during the incoming Congressional session. Successful challenges to the walkaround rule are more likely to come through the court system.

A pending lawsuit in the United States District Court for the Western District of Texas appears to present the more viable alternative to block or withdraw the rule entirely. In this case, business groups are arguing that the walkaround rule exceeds OSHA’s authority in that it conflicts with the National Labor Relations Act (NLRA) by permitting union organizers to represent employees in non-union workplaces, in addition to several other legal arguments. For example, the Loper Bright decision from last year, which ended the Chevron deference for federal agencies, might mean this rule goes away legally. It also means that some courts will be more likely to overturn what they interpret as administrative overreach.

One additional option is that the new Trump administration could settle with the plaintiffs in the pending Texas lawsuit, and agree that abandoning the rule is the appropriate remedy under the Administrative Procurement Act (APA). If the court agreed, the walkaround rule would immediately become void.

 

3. Expect the Pendulum to Swing Again on OSHA’s Electronic Recordkeeping Requirements

Employers have gotten used to the status of the OSHA electronic recordkeeping rule flip-flopping back and forth over the past decade.

  • In 2016, the Obama-era OSHA issued the “Improve Tracking of Workplace Injuries and Illnesses” final rule, mandating companies with 250 or more employees to electronically submit injury and illness data from OSHA Forms 300, 300A, and 301.
  • In 2019, a Trump-era OSHA final rule rescinded that requirement.
  • Things flipped once again in July 2023 when Biden’s OSHA again released a final rule requiring certain large employers to electronically submit OSHA injury forms, with the rule becoming effective in January 2024. The updated rule required establishments with 100 or more employees in certain designated industries to electronically submit Forms 300 and 301 to OSHA each year.

So, what can we expect this year? We expect that the new OSHA leadership will again revisit electronic submission requirements, and the pendulum will swing back as it did under the first Trump administration. The agency could once again put electronic submission requirements back on the shelf.

 

4. Relaxed Enforcement for Workplace Safety Measures

Reversing course from the Biden administration, Trump will likely reduce government oversight on workplace safety issues. During his first term in office, Trump’s administration cut the number of inspectors to the lowest amount in OSHA’s history, declined to mandate employers to take any protective measures against COVID-19, and rescinded part of the electronic recordkeeping requirements. Expect more of the same over the next four years.

  • Rather than mandating specific standards for different categories of potential workplace danger, you can expect a Trump-led OSHA to enforce safety concerns using the OSH Act’s General Duty clause.
  • Republican administrations typically focus on more compliance assistance initiatives than issuing citations, but just like OSHA issued citations during the first administration, they will continue into the current administration.

 

5. Proposed Update to the Lock Out Tag Out (LOTO) Standard to Continue

In May 2019, OSHA began the process of modernizing the LOTO standard 1910.147 by better promoting worker safety without additional burden to employers by including control circuit type devices and robotics. After the first LOTO variance was issued in 2016 to allow for the use of an interlock in lieu of a full lock out, OSHA received many requests for variances to use control circuit type devices. Instead of having a patchwork of variances, OSHA decided to look at revising the standard to incorporate these alternative energy control devices. OSHA will likely follow the ANSI Z244.1, but is unlikely to incorporate it by reference.

Controlling hazardous energy through the use of these computer-based controls has become more prevalent as equipment manufacturers modernize their designs. This approach is more accepted in other nations, which raises the question of whether the U.S. standards should harmonize with those of other countries.

Because robots may contain hazardous energy, OSHA is considering changes to the LOTO standard that would reflect new industry best practices and technological advances for hazardous energy control in the robotics industry. Traditional robots typically have a fixed base and are kept separate from workers during the operating stage. Newer robots are more mobile and may be allowed to roam freely in a specified area, even if that area is separate from employees. Collaborative robots go a step further by working with human workers. In some cases, such robots are worn directly by the employees themselves (e.g., as exoskeletons). OSHA is studying the evolution of robotics in the workplace and how this affects employee protections related to the control of hazardous energy.

We expect this rulemaking will continue under the new administration, as it is seen by industry experts that this is OSHA catching up with Industry.

 

How Walden Can Help

As always, Walden’s experienced staff will stay up-to-date on any regulatory changes that may impact our clients. We are prepared to assist you with navigating the updates that affect your operations. Contact our EHS team at 516-789-2972 to speak with a safety specialist today.