Biden-Era OSHA Regulations Will Be Reassessed by New Trump Administration

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Two workplace safety regulations advanced under the Biden administration will be reviewed by the Trump team at the U.S. Department of Labor’s Occupational Health and Safety Administration (“OSHA”), and could be rolled back in the near future.

First, OSHA’s Walkaround Rule, published as a final rule on April 1, 2024, revised regulations regarding who can join compliance officers during a safety inspection.  The rule provides that employees may designate a non-employee third party to be their representative in the inspection.  As a practical matter, this means employees at non-union workplaces could bring in a union official to be part of an inspection.

Second, OSHA’s Heat Safety Rule, published as a proposed rule on July 2, 2024, would apply to indoor and outdoor worksites and would impose exacting obligations on employers when employees are exposed to temperatures of 80°F for more than 15 minutes in a 60-minute period.

The Walkaround Rule went into effect on May 31, 2024, but it was immediately challenged in court by the U.S. Chamber of Commerce and other business groups.  The Trump administration could weigh in on the new rule and the litigation as soon as it names the new Assistant Secretary for OSHA.  One option for the agency would be to settle with the plaintiffs and agree to withdraw the rule.  Even though President Trump has nominated a pro-union Republican to be Secretary of Labor, it is hard to see the new administration sticking with this rule.

The Heat Safety Rule’s public comment period ended on January 14, 2025.  If President Biden had won re-election, the rule would likely have been finalized early this year.  With the change in administrations, however, it is unlikely the rule will survive in its current form.  But at the same time, it is also unlikely, given President Trump’s outreach to labor during the recent campaign, that he would direct OSHA to abandon it altogether.  The new administration may go back to the drawing board and propose a scaled down version of the rule.

Regardless of what happens to OSHA’s Heat Safety Rule, employers must keep in mind that some states, including California, Colorado (applicable to agricultural worksites only), Maryland (as of September 30, 2024), Minnesota, Oregon, and Washington, already have their own heat safety rules that are somewhat similar to the OSHA rule.

Finally, healthcare employers should be aware that as of January 15, 2025, OSHA has terminated its COVID-19 healthcare rulemaking. OSHA explained it took this step “to focus its resources on the completion of an Infectious Diseases rulemaking for healthcare.”  It is unknown if the agency under the new administration will pursue an infectious disease in healthcare rule.

Maynard Nexsen’s Labor & Employment group will continue to monitor updates to OSHA regulations under the new administration.  If you have any questions, please contact any member of our group.