Reprinted with permission from the April 28-May 4, 2025 edition of Inside Business, The Hampton Roads Business Journal, The Experts column
As President Donald Trump focuses on transforming the federal bureaucracy, the Occupational Safety and Health Administration is facing a shift in its operational approach and enforcement priorities. Likely changes to workplace safety and health regulations will affect employers and workers.
For Virginia employers, particularly those with multi-state operations, navigating OSHA’s evolving landscape will require a proactive approach to staying apprised of the latest developments and their potential impact on their industry, projects, workers and safety programs.
Abolishing OSHA? Not quite
Arizona Congressman Andy Biggs recently introduced a bill to abolish OSHA and repeal the Occupational Safety and Health Act of 1970. While abolishing other federal agencies has gained traction among some lawmakers, the bill to relinquish federal oversight of workplace safety appears immersed in political rhetoric rather than practical feasibility. Instead, the Trump administration seems set to implement changes that will redefine OSHA’s operations rather than eliminate it.
Based on the continuing resolution passed by Congress in March, OSHA’s budget for 2025 will largely mirror that of the previous year although President Joe Biden had proposed a $2.8 million increase for 2025.
In addition to a projected flat or decreased budget, there are also signs of a potential federal OSHA workforce reduction. As of December 2024, OSHA, in conjunction with its state plan partners, employed 1,850 inspectors charged with overseeing the safety and health regulations for over 130 million workers across more than 8 million worksites nationwide. In Virginia alone, VOSH had a workforce of 38 safety compliance officers and 21 health compliance officers managing regulations for approximately 4.8 million workers at around 309,000 worksites.
If the first Trump administration is an indicator, then OSHA will see a sharp reduction in federal inspectors. In the first 100 days in office, Trump and the new Department of Government Efficiency, headed by Elon Musk, have offered buyout to federal employees and taken other measures to slash the size of the federal workforce. The anticipated reductions in the federal budget for OSHA could also influence state plan programs, given that these programs receive up to 50% of their funding from federal OSHA funds.
As a result, employers can anticipate OSHA will conduct fewer and slower investigations. OSHA will focus on unprogrammed inspections that respond to immediate concerns, such as accidents, employee complaints or other referrals.
Anticipated OSHA changes
As the new OSHA leadership takes shape, we anticipate significant shifts, particularly regarding recent regulatory initiatives. Employers should expect OSHA to abandon several initiatives in the pipeline including:
- The Proposed Heat Safety Rule: OSHA will likely let die in the rulemaking process the proposed standard on indoor and outdoor heat exposure that would apply to all employers and be triggered when employees are exposed to temperatures of 80ºF for more than 15 minutes in any given 60-minute period. Even if abandoned, OSHA retains the authority to enforce heat safety.
- The New Walkaround Rule: OSHA will likely withdraw the labor-friendly revision to the Walkaround Rule applying to worksite inspections. The revised rule enables non-employees (such as union representatives and employee-side attorneys) to participate in OSHA inspections, even at nonunion worksites.
- The Infectious Disease Standard for Healthcare Employers: In the last days of Biden’s administration, OSHA dropped plans to finalize a COVID-19 regulation and started on a broader infectious disease standard for healthcare employers, correctional facilities and laboratories.
- The Emergency Response Standard: The proposed standard to cover emergency response workers would require employers to develop written emergency response plans, implement hazard assessments, train personnel and provide necessary equipment and health services. It is unlikely to be implemented in its current form.
- Public Shaming of Employers: The Biden administration used supercharged press releases to publicly name and shame employers before the OSHA citations were adjudicated. As was the practice under the first Trump administration, OSHA will likely return to limiting such press releases.
Even if the new OSHA leaders want to introduce a new workplace health and safety regulation, they must eliminate 10 existing regulations for each new regulation to adhere to President Trump’s “10-to-1” deregulation initiative.
What employers should do
As the regulatory landscape evolves, employers must stay informed and proactive. Employers can best prepare for future changes by reviewing their safety and health policies, training programs and recordkeeping practices to ensure compliance with current federal and state regulations. Ensuring compliance not only protects employees but enhances overall workplace efficiency and morale.
Joe Moriarty is a partner in the federal and state occupational safety and health legal defense practice group at Willcox Savage in Norfolk. Reach him at jmoriarty@wilsav.com or 757-628-5502.
Learn more
- View recording of the WilSav Business Solutions Series from May 20th, Navigating OSHA's Dynamic Landscape.
- Download Virginia Employer's Guide to OSHA/VOSH.