Last month in our March 21^st Conversations with Mike and Tony, along with some recent changes to OSHA penalties and recent data on job injuries, we also talked about the fact that David Keeling was nominated by President Trump to head the Occupational Safety and Health Administration (OSHA). His confirmation by the Senate is still pending, but what might Mr. Keeling consider changing?

A recent article in Law360 Employment Authority by Kristen White and Todd Logsdon, who are partners and co-chairs of the safety group at Fisher Phillips, prognosticates on this question. The article provides a short background on Mr. Keeling that we will shorten further. Mr. Keeling started as a package handler at UPS in the mid 80’s and spent the majority of his 35-year career in worker safety. He was in management, but due to his long tenure doing hands-on safety program development and management, his nomination even got support from the Teamsters.

Knowing that Keeling is going to be part of the Trump Administration, White and Logsdon recommend employers prepare to see the following

Electronic Injury reporting rules may contract. They point out that depending upon the Administration these requirements swing back and forth and with this Administration may be contracted again. Watch for it.

• Public data releases may end. They point out that the Biden Administration released data on workplace injuries in large batches. This may not be the case going forward under Keeling.
• Union Walkaround Rule. This controversial rule allows employees to bring third parties into an employer’s facility to “walk along” with OSHA inspectors, including union representatives, even in non-union workplaces! White and Logsdon speculate that this rule may be removed, but if not, OSHA may not outright support this rule as it is challenged in Court.
• Heat Illness Regulation. These safety standards received a lot of attention during the Biden Administration. It requires employers to provide breaks, shade, and temperature protections to workers when heat (either inside or outside) reaches a high enough level. Compliance is expensive. Keeling is expected to prioritize specific industry and environment guidance and also education rather than a one-size-fits- all standard.
• OSHA will restructure and redeploy enforcement given the federal job cutting being implemented. White and Logsdon believe Keeling will encourage employers to modernize and use technology to improve safety processes and focus enforcement more on high-risk industries such as construction and warehousing where more injuries happen statistically.
• Infectious Disease. COVID-19 regulations were rescinded earlier this year. OSHA was looking to broaden infectious disease standards in anticipation of other possible contagion in the future, but Keeling is not expected to continue the pursuit of this initiative due to the anticipated reduction on regulatory action.
• State-level regulation emphasis. Going forward White and Logsdon expect federal OSHA to allow individual states to take the lead on the implementation of stricter safety rules.

What should employers do?

     The article recommends:

• • • Review existing company safety programs to ensure they are in compliance with state and federal safety regulations.
    • Train managers and supervisors on safety and health practices.
    • Keep an eye on state and federal regulatory updates.
    • Audit company recordkeeping to ensure accurate records are being kept.

ASE Connect

CCH AnswersNow: Check out ASE’s CCH AnswersNow library for more federal and state safety and health information and guidance.  ASE members can access CCH via the ASE Member Dashboard.

Three Sixty Safety: ASE partners with Three Sixty Safety to bring workplace safety consulting and training services to ASE members. Three Sixty Safety provides the tools you need to bring safety to the forefront of your organization. Their skilled experts offer a wide range of services that include compliance auditing services, online training, and a Mock OSHA Audit. ASE members receive preferred pricing including 20% of a Mock OSHA Audit. Learn more at https://www.aseonline.org/HR-Compliance/Compliance-Services/Health-Safety-Consulting.

Safety Training: ASE offers several courses in health & safety training. View courses here.

Source: Law360 Employment Authority Expert Analysis. 7 Things Employers Should Expect from Trump’s OSHA Pick. (4.10.2025)