04/16/2025

OSHA in 2025: Observations and Expectations

The beginning of the second Trump administration has left employers asking myriad questions with respect to the Occupational Safety and Health Administration (OSHA). Are there plans to eliminate OSHA? Will inspections and citations continue? What will happen to proposed rules? Will new rules be introduced?

We have been closely monitoring federal OSHA developments and are well positioned to help employers navigate these difficult questions. Here are a few of our takeaways from what we have seen so far.

Yes, OSHA Still Exists, and A Return to OSHA as We Knew it Under the First Trump Administration is Likely

Speculation that the Trump administration would move to eliminate OSHA has proven to be just that — speculation. Indeed, the following nominations signal a return to the OSHA we knew under his first administration:

  • Representative Lori Chavez-DeRemer as Secretary Labor. With the support of the Teamsters Union and a reputation as one of the more pro-labor Republicans in the House of Representatives, this nomination projects a balanced approach.

  • David Keeling as Assistant Secretary of Labor for Occupational Safety and Health. As a former high-level safety director at Amazon, Mr. Keeling’s nomination mirrors that of former FedEx safety official Scott Mugno during the first administration.

  • Deputy Solicitor of Labor Jonathan Snare for the Occupational Safety and Health Review Commission (OSHRC). This appointment at a minimum shows the administration’s intent to not let the Commission be vacant.

What a Return to “Trump 1.0” Means for Occupational Safety and Health

  1. Inspections and citations will continue. Make no mistake, OSHA inspectors at the state and federal levels will continue to conduct in-person inspections of your worksite and will issue citations. While the total number of OSHA inspectors was reduced during his first administration, the overall number of inspections was on par with the Biden administration.

  2. Current proposed rules will likely not be finalized. During the Biden administration, OSHA advanced three rules to the proposed stage that are unlikely to advance during the current administration.

    • Heat Stress. While a public hearing is tentatively scheduled for June 16, 2025 the proposed rule received significant pushback from the regulated community, especially with respect to the regulation of indoor worksites.

    • Walkaround Rule. This proposed rule, which would allow union representatives to accompany an OSHA inspector for inspections at non-unionized worksites, has been challenged in court by the U.S. Chamber of Commerce.

    • Emergency Response Rule. This is another rule that received significant pushback from the regulated community, including from the Chemical Safety and Hazard Prevention Board, which commented that the rule was not sufficiently protective of frontline responders.

  3. Few if any new rules will be proposed. In line with the lack of rulemaking during the first Trump administration, coupled with the new Regulatory Freeze and significant staffing cuts at the National Institute for Occupational Safety and Health (NIOSH), employers can expect few if any new proposed rules from OSHA for the next four years.

  4. Increased reliance on the general duty clause. Instead of advancing specific rules (such as heat stress and workplace violence), this administration’s OSHA will likely return to its reliance on the general duty clause to issue citations. Note that the burden of proof for OSHA is significantly higher in these general duty cases.

  5. States will push agendas in different directions. With OSHA on the rulemaking sidelines for the foreseeable future, expect state plan states to attempt to grab, or rescind, regulatory power over workplace health and safety. For example, CalOSHA officials have recently commented on the need to create “an independent Cal/OSHA that is not dependent in any way on a federal OSHA.” Meanwhile, the Kentucky Legislature recently introduced House Bill 398, which would prevent the state from issuing a safety regulation that is more stringent than federal OSHA.

Next Steps for Employers:

Given the current state of OSHA and what we expect moving forward, employers should:

  • Review current OSHA injury and illness recordkeeping and reporting practices.

  • Develop a written plan for responding if an OSHA inspector arrives at your worksite.

  • Assess what OSHA standards currently apply to your worksite.

  • Take reasonable steps to address known hazards and document all efforts to abate.

  • Evaluate training programs and train managers on compliance with the current standards.

  • Watch for state legislation regarding workplace safety and health, especially in state plan states.

  • Continue evaluating the pending rules from the Biden administration; compliance with these rules is not currently mandated.

Finally, the Employment Law Team at Pierce Atwood is well equipped to assist you with any of the following:

  • In-person or remote OSHA audits and staff trainings.

  • Evaluating current OSHA compliance procedures.

  • Developing written OSHA plans and protocols and safety data sheets.

  • Contesting OSHA citations and interacting with OSHA on your behalf.

For any questions about OSHA, including the state of OSHA in 2025 and how your worksite is impacted, please contact Pierce Atwood employment attorney Taylor Johnson.