Seyfarth Synopsis: On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation.
As we previously blogged, on February 11, 2025, President Trump nominated David Keeling as Assistant Secretary of Labor for OSHA, pending Senate confirmation. In the first Trump Administration, the OSHA nominee was never put to a Senate confirmation vote and the position was left vacant.
Mr. Keeling has extensive experience in occupational safety from his tenure at two major logistics companies. If confirmed in the position, we expected Mr. Keeling to adopt pro-employer positions and modernize workplace safety standards and regulations. The Senate has begun to assess Mr. Keeling's nomination. On June 5, 2025, Mr. Keeling testified before the Senate Health, Education, Labor and Pensions Committee, outlining his vision for workplace safety.
1. Modernization of Injury and Illness Prevention
Mr. Keeling outlined an intent to shift the focus at OSHA toward proactive injury prevention (rather than post-accident enforcement). To accomplish this, he advocated "to greatly accelerate the pace of modernization in the area of Regulatory Oversight and Rulemaking" centered on injury prevention and informed design, helping workplaces eliminate hazards before they lead to harm. Mr. Keeling plans to harness and promote the use of predictive analytics to enhance onsite safety efforts. By utilizing data-driven insights, and moving past OSHA's existing standards that "have become antiquated or unusable in the face of job modernization or technological advancements," OSHA and employers could anticipate risks, prevent incidents, and tailor safety measures more effectively.
2. Collaboration and Cooperation within the Industry
Mr. Keeling emphasized expanded collaboration with employers, including with OSHA cooperative programs and industry alliances, to achieve employee safety. "We must move beyond existing silos and self-imposed barriers to achieve real improvement." Another priority is to "modernize and update existing Voluntary Protection Programs," as the current programs provide a platform to work off of but are not enough to obtain successful outcomes in employee safety.
3. OSHA's Enforcement Transformation
Mr. Keeling again displayed his intention towards relying on technology and data that exist today, which were not available when most OSHA standards were promulgated. Mr. Keeling wants to enhance areas of workplace safety by harnessing existing data "to greatly enhance onsite safety efforts through predictive analytics." Mr. Keeling further stated that OSHA must engage "at-risk employers and employees through proactive risk mitigation and reduction programs before a worksite tragedy has taken place or a fatality has occurred."
4. Workplace Violence Standard
Mr. Keeling also displayed a commitment towards continuity and proactive regulation of developing areas of workplace safety and health law. Mr. Keeling committed to issuing a standard aimed at addressing workplace violence, a hazard currently addressed through OSHA's use of the General Duty Clause (particularly in health care), and highlights OSHA's growing concerns about exposures to workplace violence and gun violence.
As Mr. Keeling's nomination progresses, these priorities will shape discussions on the future of workplace safety regulations and enforcement. If confirmed, his leadership could mark a significant shift in OSHA's approach—moving beyond traditional enforcement into a more modern, dynamic, and prevention-driven era.
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