The Occupational Safety and Health Administration (OSHA) is set to undergo significant changes with the nomination of David Keeling as the new Assistant Secretary of Labor for OSHA. With years of technical expertise and practical understanding of workplace safety, Keeling is expected to receive support from both employers and labor groups
Under Keeling’s leadership, these key changes are expected based on current federal administration transition trends:
- Reduction or Revocation of the ‘Union Walkaround Rule’: The controversial rule allowing third-party representatives, including union officials, to accompany OSHA inspections may be reduced or eliminated.
- Pull-back of Heat Illness Prevention Regulations: The current push for a nationwide heat safety standard will likely be paused or significantly revised, with the agency focusing on OSHA’s current “Water.Rest.Shade” program enforced through the General Duty Clause.
- Possible Revision of Electronic Injury Reporting Rules: The Biden-era expansion of electronic injury and illness data submission requirements is likely to be scaled back to reduce regulatory burdens.
- Ending to Public Data Releases: The practice of releasing comprehensive workplace injury and illness data to the public is expected to cease as a means of reducing public scrutiny of impacted businesses.
- Refocus on Inspection and Enforcement Priorities: A more streamlined approach to inspections is expected. A shift in priorities will likely see OSHA increasing its focus on high-risk industries, while reducing the focus on lower-risk sectors.
- Increase in State-Level Regulations: Potential rollbacks discussed above will likely result in an increase in state-specific safety programs, rules and regulations.
What Does it Mean
Although Keeling’s appointment is still pending Senate confirmation, employers should take proactive measures to prepare for any potential regulatory changes. It is essential to review safety programs to ensure they comply with current federal and state safety regulations. Additionally, training for managers and supervisors should focus on heat safety, injury prevention, and compliance best practices.
It is also important to monitor regulatory updates to stay informed about OSHA policy changes and state-level initiatives. Additionally, auditing recordkeeping practices is essential for maintaining accurate records that can serve as a defense in legal matters and help manage liability.