SAFETY CONSULTING
OSHA Predictions in a Second Trump Administration
What you can expect & what to prepare for.
Many employers are wondering what OSHA will look like in a second Trump Administration. While the recently elected administration has provided few specifics regarding the agency’s priorities and initiatives, a look back at previous administrations, including Trump’s first presidency from 2017-2021, helps provide clues of what to expect.
A Brief Review of Past Trends
With 45 years’ experience in workplace safety, I have observed changes throughout eight different administrations, and there is a noticeable pattern associated with Democratic and Republican approaches to workplace safety enforcement.
Broadly speaking, Democratic administrations are often associated with the addition of new OSHA standards while Republican administrations are associated with an emphasis on enforcement of existing rules with fewer, if any, new proposed standards. The Biden administration, however, was an exception with very few new rules combined with less enforcement than many expected. The lack of enforcement during those four years is partially attributed to significant restrictions on workplace inspections during the COVID years.
What to Expect
Electronic Recordkeeping Standards
There is speculation the new administration will scale back provisions in its Electronic Recordkeeping Standard enacted during the Obama administration. Aspects of this standard have shifted throughout the last three administrations. It’s expected aspects of this standard will be set aside yet again in a second Trump administration.
Polarizing aspects of the standard include restrictions on safety incentive programs, restricting discipline for employee safety violations that result in injury, and limitations on post-injury drug testing. I expect the Trump administration will provide more latitude for employers to hold employees accountable for behaviors that result in injury, improved ability for employers to implement post-injury drug testing, and permission for employers to implement effective safety incentive programs to encourage safe behaviors.
A Shift in the Approach to Communications
A previous OSHA tactic involved sharing public details of inspections and citations through press releases. I was personally involved in a case where OSHA issued a press release stating that the company and owner “didn’t care about the safety and health of its employees” following several amputations. The amputations were the direct result of employees circumventing safety devices on the machinery. The Trump administration suspended this practice during his first administration and is expected to do the same again in his second term.
Supporting Employer Assistance and Resources
I also expect the Trump administration will support programs designed to provide employers with assistance and resources. Such programs include OSHA’s Voluntary Protection Program (VPP), funding for federal and state on-site consultation services, and an increase in the formation of strategic partnerships and alliances with industry groups.
While it is likely the administration will work with employers to improve workplace safety, I also expect the agency to focus on enforcement for employers who disregard existing workplace safety requirements rather than randomly inspecting employers. The Trump administration will likely make an example of the bad actors.
Focus on Federal Agency Budgets
President Trump also intends to focus on federal agency budgets. As a result, it is doubtful the Department of Labor budget in a Trump administration will provide for the hiring of additional employees. Additionally, it is likely their current staff will focus attention on the most dangerous employers using data obtained through the Electronic Recordkeeping Standard.
Predictions for 2025 and Beyond
While we won’t know exactly how the new administration will approach OSHA and workplace safety, my prediction is that the incoming Trump administration will scale back inspections of otherwise safe employers and eliminate the practice of sharing public details through press releases. We also see signs that the administration will focus on providing assistance to employers and inspecting and penalizing those employers with injury rates that far exceed their peers.
I also believe there won’t be much, if any, OSHA rulemaking activity during his second administration. Advice I provide all employers irrespective of which party occupies the executive branch is to make a good faith effort to provide a safe and healthful workplace. Seasoned compliance officers generally recognize such efforts and can help minimize the number of citations and the amount of penalty imposed, ultimately leading to stronger well-being for employees.