With President Donald Trump back in office as of January 20, 2025, construction leaders should brace for significant shifts in OSHA regulations, enforcement, and litigation trends. While Trump’s administration is expected to scale back some of Biden-era OSHA policies, state-level agencies and industry expectations will still drive workplace safety.
So, what does this mean for construction firms? Here’s what to expect from OSHA under the Trump administration:
- Possible rollback of the Heat Safety Rule
- Revocation of the “Walkaround” Rule
- Revised electronic recordkeeping requirements
- Limited federal enforcement
- Elimination of some existing regulations (10-to-1 deregulation)
- Reduction in the number of OSHA inspectors and streamlined regulatory agencies
1. Heat Safety Rule: Possible Rollback, but State Regulations Remain
The Biden administration had proposed a federal heat safety rule, requiring employers to provide water, rest breaks, and shade when temperatures exceed certain levels. However, this rule was not finalized before Trump took office, and many predict it may be abandoned or significantly weakened under the current administration.
However, heat safety enforcement won’t disappear entirely—state-run OSHA programs in California, Oregon, and Washington have already implemented strict heat protection standards, which remain in place regardless of federal rollbacks. Construction firms operating in these states must continue to comply with state-specific requirements.
📌 What to do: Even if the federal heat rule is scrapped, expect ongoing OSHA inspections under the existing National Emphasis Program (NEP) on heat hazards, especially in hot-weather states like Texas, Arizona, and Florida. Stay ahead by implementing heat illness prevention plans before summer.
2. “Walkaround” Rule: On the Chopping Block
In May 2024, OSHA implemented the “Walkaround” Rule, allowing union representatives or other third parties to accompany OSHA inspectors during workplace inspections—even in non-union workplaces.
Many business groups immediately challenged the rule in court, arguing that it gives unions an unfair foothold in non-union workplaces. With Trump back in office, experts expect this rule to be withdrawn entirely or struck down via litigation.
📌 What to do: While the rule may be revoked, OSHA inspections won’t stop. Focus on worksite compliance and documentation to be prepared for any regulatory shifts.
3. Electronic Recordkeeping: Likely to Be Rolled Back Again
Over the past three administrations, OSHA’s electronic recordkeeping rules have been repeatedly revised:
- Obama (2016): Required large employers to submit detailed workplace injury data electronically.
- Trump (2019): Rolled back key parts of the rule, reducing reporting requirements.
- Biden (2023): Reinstated and expanded electronic submission rules.
- Trump (2025): Expected to repeal or scale back these rules again.
📌 What to do: Until formal changes are announced, continue complying with current OSHA reporting requirements. However, stay alert for changes that may reduce electronic data submission obligations.
4. Enforcement Focus: Shift Toward Compliance Assistance
Republican administrations typically prioritize employer collaboration over aggressive enforcement, and Trump’s second term is expected to follow suit.
During Trump’s first term:
- The number of OSHA inspectors decreased.
- The agency emphasized voluntary compliance programs over fines.
- The Voluntary Protection Program (VPP) expanded, allowing pre-approved employers to self-regulate.
📌 What to do: While federal enforcement may ease, state OSHA programs may ramp up inspections to compensate. Even under Trump, egregious violators will still face enforcement, especially under the Severe Violator Enforcement Program (SVEP).
5. “10-to-1” Deregulation Initiative: What It Means for OSHA
President Trump’s “10-to-1” deregulation initiative requires agencies to eliminate 10 existing regulations for every new rule introduced. This policy is expected to reshape OSHA’s regulatory landscape, with the administration targeting workplace safety rules that employers view as burdensome.
What could be eliminated?
- The heat safety rule may be abandoned.
- Electronic recordkeeping requirements could be rolled back.
- Other pending OSHA rules (e.g., infectious disease prevention) could stall.
📌 What to do: While federal OSHA may slow new rulemaking, state agencies may step up enforcement. Construction firms should stay compliant with state-level rules and industry-driven safety trends.
6. A New OSHA Chief and a Leaner Agency?
President Trump has nominated David Keeling, a former safety director at Amazon and UPS, to lead OSHA. His appointment signals a shift toward business-friendly OSHA policies, with an emphasis on efficiency and self-regulation over aggressive enforcement.
Additionally, Trump has announced the creation of the Department of Government Efficiency (DOGE), which could reduce the number of OSHA inspectors and streamline regulatory agencies.
📌 What to do: A leaner OSHA means construction firms should take proactive safety measures, as less oversight could increase liability risks. Insurers, stakeholders, and state agencies will continue to push for high safety standards—even if federal OSHA steps back.
Conclusion: A Shift, But Not a Stop
OSHA may shift toward deregulation, fewer inspections, and a compliance-first approach under Trump. However, state OSHA programs, industry trends, and corporate safety policies will continue driving safety standards.
📌 How to stay ahead:
✔️ Monitor state-specific OSHA regulations, as states may enforce stricter safety laws.
✔️ Invest in safety training and compliance tools—insurers and stakeholders still demand high safety standards.
✔️ Stay informed about rule changes—while federal OSHA may relax rules, litigation and policy swings are inevitable.
