OSHA Deregulation Will Likely Target Pending and Final Rules

Under the leadership of Secretary of Labor Lori Chavez-DeRemer, many enforcement efforts at the Occupational Safety and Health Administration (OSHA) are expected to remain the same. However, with shrinking resources due to the Department of Government Efficiency (DOGE) and shifting priorities under the Trump administration, some changes are likely, including the possible suspension of some pending OSHA rules.

“Chavez-DeRemer, while a Republican, based upon how she voted in Congress during her brief period as a U.S. representative, is largely pro-labor,” said Scott Young, an attorney with Thompson Hine in Cincinnati and Washington, D.C. “Trump’s campaign actively sought the vote of union members, and thus her pick is not surprising to me.”

OSHA focuses on fall protection, electrocution hazards, trench protection, machine guarding, and respirator protection, Young said. “I expect those areas of focus to continue,” he noted.

But the Trump administration will likely try to pause pending OSHA rulemaking, including the proposed heat standard and proposed emergency responder standard, predicted Brandon Brigham, an attorney with Morgan Lewis in Philadelphia.  

The new administration could also seek to revoke or revise the rules that the Biden administration successfully finalized, he added.

For example, the Trump administration could revise the 2023 recordkeeping and reporting rule that required employers to electronically submit data from the OSHA 300 logs, a rule that has seen each administration revise it, Brigham noted. The Obama administration first implemented that rule, then the first Trump administration rolled it back, and the Biden administration later re-established the requirement.

Revisit Final Walkaround Rule?

“It is anticipated the current administration will also drop its defense of the agency’s union walkaround rule,” Brigham added. 

That rule grants employees the right to have a representative accompany an OSHA compliance officer when conducting an inspection, Young said.

“I think this will also be pulled back, particularly since it is not a substantive safety regulation such as a fall protection standard, and most business groups argue that it’s just a way for unions to get through the door,” said John Ho, an attorney with Cozen O’Connor in New York City.

Jonathan Crotty, an attorney with Parker Poe in Charlotte, N.C., agreed, saying, “Although it’s speculation, I would expect OSHA to revoke or otherwise modify the walkaround rule, especially given the very negative response that rule got from employers.” 
However, Young disagreed — based on Chavez-DeRemer’s appointment as secretary of labor. “I would be surprised if this walkaround rule is revisited,” he said.

In practice, employers still control OSHA’s access to their worksites, absent a court order, Young explained. 

“OSHA compliance officers, in my experience, when showing up on jobsites, do not, as a general matter, seek an employee representative — or anyone, for that matter — to accompany them during their inspection,” Young added. “Before the walkaround rule, OSHA always made it a priority to talk in private with nonmanagement employees, and that practice has continued after the walkaround rule.”

DOGE Ramifications 

The greatest potential impact on OSHA enforcement may be whether DOGE’s cost-cutting measures result in a significant reduction of OSHA compliance officers, Young said. If that reduction in force occurs — and it could — it would likely mean significantly less enforcement of OSHA regulations, he noted. 
Substantial budget cuts or staff reductions would likely impact the speed and frequency of inspections, Crotty said.

“From a practical enforcement standpoint, given what is happening with federal employees in general, employers may want to be more aggressive about contesting citations,” Ho said. “Frankly, OSHA has always been understaffed given the territory it covers, and I suspect for citations that do not involve serious injuries, the DOL [U.S. Department of Labor] may not have the resources to litigate as many of them. In such a case, the citation can be sent back to OSHA to try to negotiate a settlement, and this will often lead to more favorable terms.”

That said, Ho cautioned that it’s not good optics for anyone to attack employee safety and health or to frame it as unnecessary, notwithstanding H.R. 86, introduced by Rep. Andy Biggs, R-Ariz., to do away with OSHA. H.R. 86 currently has no co-sponsors.

State Efforts 

If federal OSHA enforcement efforts are substantially reduced, states with their own enforcement plans may attempt to fill the gap, Crotty said.

“We have already seen states address certain issues where they believe OSHA has not moved quickly enough, even before the new administration,” Brigham said. For example, certain states with their own plans have adopted wildfire and air quality standards. 

“We have also seen states that fall under federal OSHA begin to take a more active approach in safety,” he said. Such safety initiatives include outdoor heat and ergonomics in the warehousing industry. “We expect such efforts to continue,” Brigham noted.

But some state programs are understaffed and underfunded, Crotty said. “Many may not have the expertise needed to develop technical safety and health standards on their own.”