Workplace safety initiatives continue to evolve amid the shifting political landscape and regulatory priorities. The Occupational Safety and Health Administration (OSHA) remains a central player in ensuring worker protection, though its approach has fluctuated across presidential administrations. This update on OSHA’s current status and future outlook sheds light on what employers need to be aware of moving forward.

The Purpose of OSHA

OSHA’s core mission is to ensure safe and healthy working conditions for employees by enforcing standards and providing compliance assistance. OSHA’s functions include:

• Developing uniform health and safety standards across workplaces
• Conducting inspections to ensure compliance with health and safety standards
• Protecting employees from retaliation for raising safety concerns or reporting hazards

While OSHA sets federal standards, states can develop their own health and safety programs, provided they are at least as effective as the federal model.

Liability for Violations

Employers found in violation of OSHA standards face significant civil and potentially criminal liability. Fines vary depending on the severity and nature of the violation:

• Other-than-serious and Serious violations: Up to $16,550 per citation
• Willful or Repeat violations: Up to $165,514 per citation
• Failure to Abate: Up to $16,550 per day beyond the abatement deadline
• Criminal penalties are possible in cases involving a willful violation that results in a fatality, with referrals made to the U.S. Department of Justice

These penalties highlight the importance of maintaining proactive safety protocols, training, and documentation.

Regulatory Outlook and Policy Shifts

OSHA’s policies and enforcement strategies often shift depending on the presidential administration in power. Under a second Trump administration, we can expect an emphasis on:

• Compliance assistance
• Limited regulatory expansion
• Rollback of enforcement policies adopted by the Biden administration

Controversial Developments: The Walkaround Rule

One of the most debated recent developments is the Walkaround Rule, which took effect on May 31, 2024. It allows employees to request a third party—such as a union representative—to accompany OSHA compliance officers during workplace inspections. This rule applies regardless of whether the workplace is unionized or if the representative is employed by the company.

While legal challenges are pending, and the rule may ultimately be curtailed, it remains in force for now. Employers are advised to prepare for third-party participation during inspections until further notice.

Electronic Recordkeeping: A Back-and-Forth Battle

The rule concerning electronic recordkeeping continues to shift:

• Obama-era rule: Required large employers to submit Forms 300, 300A, and 301 electronically
• Trump-era rollback: Rescinded the requirement to submit Forms 300 and 301
• Biden-era rule: Reinstated the requirement for certain industries with 100+ employees to submit Forms 300 and 301 annually; all employers with 250+ employees must submit Form 300A annually

With another shift in administration, further changes to electronic recordkeeping are likely.

Legislative and Operational Hurdles

OSHA is facing broader challenges beyond rulemaking. In early 2025, a bill titled the Nullify OSHA Act (NOSHA) was introduced in Congress to abolish OSHA altogether and return oversight to the states and private employers. While the bill is unlikely to pass, it reflects ongoing ideological battles over federal oversight.

Additionally, the Occupational Safety and Health Review Commission (OSHRC) currently lacks a quorum, hampering its ability to rule on contested OSHA citations. Compounding the challenge, the National Institute of Occupational Safety and Health (NIOSH) has seen major staffing cuts.

Final Thoughts

As political and legal uncertainties continue to shape OSHA’s path, employers must remain vigilant and informed. Keeping up with the latest developments in OSHA policy, maintaining robust safety practices, and ensuring compliance with existing rules are essential steps in reducing liability and protecting both workers and organizations.