Workplace Regulation Changes in 2025

1. Electronic Recordkeeping Requirements

Employers must continue to comply with the current rule, which requires establishments with 100 or more employees in certain designated industries to electronically submit Forms 300 and 301 to OSHA each year. Keep monitoring this rule for changes under the new presidential administration.

2. Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings

The comment period for the proposed heat injury and illness prevention rule was extended until January 14, 2025. Many OSHA pundits expect that the rule will be scaled back dramatically, delayed, or even undone under the Congressional Review Act (CRA) by the current administration. Further, while the National Emphasis Program for Outdoor and Indoor Heat-Related Hazards is in effect now, it is set to expire in April 2025 and its future is uncertain. Employers can continue to be cited under the General Duty clause for heat-related violations and the National Emphasis Program on Warehousing and Distribution Center Operations, which includes heat hazards, does not expire until July 2026.

Also, remember that state obligations related to heat will remain in effect. These include:

• California 
• Colorado (agriculture)
• Maryland
• Minnesota
• Nevada
• Oregon 
• Washington

If the federal standard is scrapped, it’s expected that more states will consider adopting a state statute or regulation.

3. Walkaround Rule

The final “walkaround rule,” which allows an employee to request that a third party (including union officials) accompany OSHA Compliance, Safety and Health Officers (CSHOs) on an inspection of a workplace went into effect on May 31, 2024. The controversial rule is being challenged in court and a lawsuit pending in the federal District Court for the Western District of Texas, Chamber of Commerce vs. OSHA.

4. PPE Rule for Construction

A revision to the personal protective equipment (PPE) rule for construction was finalized on December 11, 2024, and went into effect on January 13, 2025. The rule requires that PPE is not only appropriate for protecting against specific job hazards but also fits each worker properly based on their body size and shape.

The construction industry has expressed concern that the requirement that an employee’s PPE must “fit properly” is not defined in the standard. While this rule may be rolled back by the current administration, employers should be mindful of its effective date and stay alert to future actions.

5. Emergency Response Standard

An informal public hearing was held November 12, 2024, through December 4, 2024 on the emergency response standard and the post-hearing comment period is open until January 17, 2025. Given the opposition and confusion surrounding this rule, many expect it to fade away.

6. Infectious Disease Standard

After almost a decade, the proposed infectious disease standard for healthcare facilities and other “high-risk” environments was submitted to the White House Office of Management and Budget (OMB) for review on November 8, 2024.

7. Other Rules Expected to Advance

In addition to the infectious disease standard, the Biden OSHA could advance rules related to fall protection mandates for elevated walking surfaces and two statute-specific whistleblower protection procedures related to handling retaliation complaints, according to the Fall 2024 regulatory agenda. The agency reopened the Walking-Working surfaces record because it had received feedback from stakeholders indicating that several regulatory provisions of the 2016 final rule on Walking-Working Surfaces (81 FR 82494) are unclear. The revisions will correct a formatting error in Table D-2 and revise the language of the requirements for stair rail systems to make them clearer.

8. Whistleblower and Anti-Retaliation Claims

It’s expected that the increase under the previous administration of whistleblower investigation programs will be substantially rolled back. There may be a return to the more business-friendly Voluntary Protection Program (VPP) and cooperative compliance programs.

9. Enforcement Activity

Given the current administration’s focus on deregulation and limiting government spending, expect to see a rollback of enforcement policies and practices adopted by the previous administration, such as the expanded application of its instance-by-instance citation policy, the lowered thresholds for inclusion in the Severe Violator Enforcement Program (SVEP), and the more aggressive use of egregious, willful and repeat citations. It’s also expected that some emphasis programs set to expire will not be renewed, but this will vary by state and region.

Expect to see a lower budget and no effort to fill vacant enforcement positions. However, enforcement will continue with shifted priorities. Rather than mandating new standards, it’s anticipated the General Duty Clause will be used for enforcement of safety concerns not covered by existing standards, such as workplace violence. Recent Supreme Court decisions will also bolster deregulatory efforts.

 10. OSHA State Plans and Legislative Actions

If the expected decline in federal regulation and enforcement does occur, expect to see heightened activity by some OSHA State Plans and state legislatures in workplace safety and health enforcement. Cal/OSHA continues to lead the way and in 2024 adopted new rules related to workplace violence, indoor heat, lead, first aid kits, process safety management, household domestic workers, and silica. In addition to Cal/OSHA, other states including Oregon, Michigan, Illinois, New York, Washington, and Nevada will promote stricter safety regulations.