Chris Nickels Outlines What to Expect from OSHA This Year in EHS Today Article About Workplace Safety Issues
Chris Nickels, a Milwaukee-based Quarles & Brady Labor & Employment partner who leads the firm’s OSHA and Workplace Safety team, shared his insight about what impact the new presidential administration might have on OSHA in an EHS Today article.
The article provides perspective on an array of workplace safety topics from various attorneys. In his section, Nickels answers questions about what changes may happen to OSHA rules in 2025. An excerpt:
How might the Trump administration handle controversial OSHA rules and proposals introduced under Biden?
Nickels: OSHA typically does not find itself at the center of social justice or cultural debates. However, that was not the case during the pandemic when OSHA proposed its "vaccinate or test" rule in response to COVID-19. On January 15, 2025, still under Biden, OSHA announced that it had terminated its COVID-19 healthcare rulemaking. Instead, OSHA stated that it will focus its resources on completing a broader Infectious Diseases rulemaking for healthcare workers.
Other proposals introduced under Biden have been more controversial. The Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule (the Heat Rule) likely will not advance under the Trump administration, as the Heat Rule arguably relates to climate change. Comments on the rule were due by January 14, 2025, and no action has been taken since. I would not be surprised if OSHA either withdraws the proposed rule or allows it to remain inactive during the Trump administration.
Another controversial OSHA rule from the Biden administration was the walkaround rule, which took effect on May 31, 2024. Strongly opposed by business groups and viewed as pro-union, this rule allows third parties to participate in OSHA inspections. The rule was immediately challenged by the U.S. Chamber of Commerce and other groups, and that challenge is currently pending but the rule is in effect. Under the Trump administration, I expect OSHA might drop its support for the walkaround rule or rescind it.
Please visit our Federal Policy Watch: Monitoring White House Developments page for more insight about navigating changes at the federal level.