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Recent confirmations at the Department of Labor (DOL) mark a new phase for federal workplace safety and health oversight. With David Keeling now leading the Occupational Safety and Health Administration (OSHA) and Wayne Palmer heading the Mine Safety and Health Administration (MSHA), both agencies are expected to adjust their regulatory and enforcement priorities. Employers should anticipate potential shifts in compliance expectations and reporting obligations as these leadership transitions take effect.
Keeling, recently confirmed as Assistant Secretary of Labor for OSHA, has nearly four decades of experience in workplace safety. Starting his career as a package handler at UPS, he rose through various safety leadership roles. He went on to serve as Director of Road and Transportation Safety at Amazon, which provided him with insight into safety considerations in high-risk, high-volume workplace environments. Keeling has received industry and labor recognition for his work in safety, with public statements of support from the Coalition for Workplace Safety and the Teamsters.
Under Keeling's leadership, OSHA is expected to shift toward deregulation and tailored compliance burdens for employers. Anticipated changes include potentially rolling back electronic injury reporting requirements, ending the public release of workplace injury data, and possibly scrapping or revising the proposed national heat illness prevention standard, which critics say is overly rigid for the sheer scope of workplaces it seeks to regulate.
The controversial "Union Walkaround Rule," which allows third-party representatives to accompany OSHA inspectors during workplace inspections, is likely to be curtailed or rescinded. OSHA may continue and expand penalty reductions for small businesses and those with strong safety records, reduce reporting requirements for musculoskeletal disorders, and streamline enforcement to prioritize high-risk industries while easing oversight for lower-risk sectors. As federal regulations evolve, state-level safety rules are expected to become increasingly significant, especially in states with their own OSHA plans.
Palmer, the newly confirmed Assistant Secretary of Labor for MSHA, has a background in both government and industry. He previously served on the Trump administration's transition team at the DOL, was executive vice president of the Essential Minerals Association, and held senior roles within MSHA during the prior administration. Palmer also has experience as a congressional staffer, giving him perspective on regulatory and legislative processes affecting the mining industry.
While MSHA's statutory inspection and enforcement mandates will likely remain in place under Palmer, his leadership is expected to bring a deregulatory focus. Palmer may seek to streamline agency operations, modify or eliminate outdated standards, and limit the authority of District Managers in plan approvals. However, MSHA is legally constrained from weakening existing safety standards under Section 101(a)(9) of the Mine Act. The fate of the Biden-era silica rule, currently stayed in court, remains uncertain; MSHA is not expected to defend the rule vigorously and may continue to draw attention from both industry and labor stakeholders.
Employers should continue to monitor OSHA and MSHA developments closely, as adjustments in enforcement priorities and regulatory approaches may influence compliance strategies. State-level programs and ongoing statutory requirements will remain key considerations for maintaining workplace safety compliance.
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