PODCAST | Labor Lawyer Explains What’s Happening With OSHA

In a recent episode of ISHN’s podcast, we talk to Chris Nickels, an expert on workplace safety and OSHA matters. He tells us why OSHA isn’t going anywhere, what we might and might not expect, how employers should deal with possible changes and why some things won’t change.

Nickels is partner at Quarles & Brady and helps employers understand and navigate the technical and sometimes nuanced confines of labor and employment law and litigation.

Key takeaways

Nickels touches on potential impacts if OSHA's enforcement powers were reduced or eliminated:

• Less aggressive enforcement, especially on "general duty" violations
• Increased workers' comp costs for employers if safety incidents rise
• Concerns about state programs being able to handle the complexity and scale if OSHA is abolished

Nickels expects OSHA to continue its traditional enforcement priorities around common violations like lockout/tagout, machine guarding, etc.

He doesn't expect major new regulations under a Trump administration, and thinks the appointment of David Keeling to lead OSHA signals a "business as usual" approach.

There could be legal challenges from worker advocates if OSHA standards are rolled back, creating uncertainty for employers.

Overall, Nickels believes significant changes to OSHA are unlikely, but some pullback on more aggressive enforcement actions is possible

Impact on workers 

Other topics Nickels touched on include:

• Potential reduction in manpower to investigate all retaliation claims
• Traditional "Top 10" violations (e.g., lockout/tagout, fall protection) likely to remain focus
• Potential reduction in general duty clause violations
• Vaccine-related workplace rules not expected under Trump administration
• Removal of regulations may face fewer legal challenges than implementation
• Workers' rights organizations expected to become heavily involved
• Uncertainty may increase for employers if major safety standards are altered