Regulatory Update: OSHA Isn’t Going Anywhere… So It’s Going Nowhere
In June 2016—the midst of one of the most tumultuous presidential races in US history—Bloomberg BNA reported the following: “A Donald Trump presidency wouldn’t spell the end of the Occupational Safety and Health Administration altogether, but it would almost certainly mean less enforcement and practically no rulemaking.”
In contrast to much speculation before November 8th, BNA’s prediction has borne out, over a year later—but perhaps not in the way anyone expected. The Trump Administration’s significant staffing shortage is impeding progress on the President’s stated agenda. So, there is indeed less OSHA enforcement and rulemaking, if only because there aren’t enough people to take the agency in a new direction (or any direction).
What does this mean for employers looking to stay ahead of OSHA standards? In a recent article on the Fisher Phillips Workplace Safety and Health Law blog, attorney Howard Mavity writes that “[a]s frustrating as it seems, we continue to advise employers to treat the Obama era OSHA positions as legally enforceable in most cases.” That includes contentious provisions on record keeping and anti-retaliation with regards to issues such as post-accident drug testing and crystalline silica exposure.
Get the answers about OSHA compliance under Trump, and what regulatory developments employers need to keep an eye out for, at fisherphillips.com.
PS—Speaking of OSHA, did you know that fines have recently increased to almost double their previous amount?
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