The midterm elections delivered what many call a blue tsunami, giving the Democratic party firm control of both the House and Senate for the final two years of the Trump administration.
The shift creates a new dynamic of congressional oversight and political pressure over OSHA but is unlikely to result in anything more than that, at least for now. In other words, expect heightened scrutiny as opposed to a reversal of the administration’s approach to workplace safety. As early evidence, Congressman Bobby Scott, ranking member of the House Education and Workforce Committee recently sent record-preservation letters to DOL/OSHA and similar agencies reminding them of the obligation to preserve all records that may be in the public interest. Congressman Scott indicated that OSHA would be an early focus, citing concerns over the lack of a final heat standard.
Aggressive oversight over OSHA is likely to include reviewing declines in inspections and staffing, enforcement priorities and the use of the general duty clause, potential roll back of the respiratory protection standard and the direction of the heat illness prevention standard. Oversight hearings can potentially slow or publicly challenge rollbacks or influence enforcement priorities and resource allocation. Democratic control of appropriations also makes deep fiscal cuts to OSHA harder and essentially eliminates any chance that legislative action to eliminate OSHA would gain any ground. Congress can also use the budget process to push back on proposed reductions to inspectors, enforcement resources, or related programs, e.g., NIOSH.
Ultimately, however, Assistant Secretary David Keeling, confirmed in late 2025, continues to lead the Agency and the White House retains authority over rulemaking, day-to-day enforcement priorities, National Emphasis Programs, guidance and the overall direction of enforcement. For most employers, the practical effect of the midterms is incremental rather than transformational and a wave of new federal standards or a sudden, broad increase in OSHA inspections is very unlikely. Of course, a change in leadership in the 2028 election could result in a tsunami of significant change for OSHA at every level.
OSHA Publishes Fact Sheet on Opioid Overdose Reversal Medications
On September 24, 2026, OSHA published a fact sheet addressing the use of Opioid Overdose Reversal Medications (OORMs) in the workplace. The Fact Sheet provided information on (1) how OORRMs work; (2) the two FDA-approved OORMs; (3) how employers can obtain OORMs; (4) maintenance and storage; (5) key employee training topics; and (6) provided additional resources. The Fact Sheet can be accessed here.
Read MoreUnderstanding the Difference Between an OSHA 10 and OSHA 30 Card
The Occupational Safety and Health Administration sets the requirements for safety and health training known as OSHA Outreach training. For each industry, the OSHA Outreach curriculum is divided into the OSHA 10 and OSHA 30 courses, and individuals who complete each course are issued a plastic wallet card. There is no OSHA standard that explicitly requires employees to complete these training programs, and it is important to note that taking these training courses does not satisfy required hazard-specific training.
Read MoreAppeals Court Vacates OSHA’s Mental Illness Reporting Rule
In a recent decision dated July 21, 2026, the Fifth Circuit (which covers Texas, Louisiana and Mississippi) overturned OSHA’s mental illness reporting rule. OSHA’s rule requires employers to report mental illnesses when a qualified professional finds that the illness is work-related. In doing so, the Court held that the Occupational Safety and Health Act’s reference to “illnesses” only refers to physical and not mental, work-related ailments and conditions.
Read MoreAre Injuries Caused By Personal Activities Recordable Under OSHA?
In a standard interpretation letter dated January 20, 2026, OSHA addressed whether an employee who is injured at work by a fire caused by a personal rechargeable lithium-ion battery (commonly used for e-cigarettes/vapes) is recordable on the OSHA 300 log. The answer in most cases is yes. OSHA explained that the injury is presumed work-related if it occurs in the work environment during assigned working hours and none of the narrow exceptions in the recordkeeping standard apply. The fact that the battery was personal property, used for non-work activities, and used in violation of an employer’s policy does not change this conclusion.
Read MoreA Primer on OSHA Penalties
OSHA penalties normally increase annually on January 15 to account for inflation. These adjustments are designed to ensure that penalties remain aligned with the Consumer Price Index (“CPI”). Currently, the maximum penalties for serious and other-than-serious posting requirements are $16,550 per violation, $16,550 per day for failure to abate violations; and $165,514 for willful or repeat violations. The amounts did not increase in 2026, primarily due to a lapse in appropriations in early October 2025, which disrupted Bureau of Labor Statistics (BLS) operations and prevented the collection and publication of the required CPI data.
What’s the Status of OSHA’s Heat Stress Rule?
The short answer is regulatory limbo. OSHA’s Heat Stress rule, called “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” was part of the Spring 2025 Regulatory Agenda. OSHA also held public hearings in mid-2025 and ended the post-hearing comment period in October of last year. The Agenda did not provide a specific target date for the final rule, thus creating much uncertainty about its future. If it eventually moves forward, it is also likely to contain significant revisions from its current form.
Read MoreOSHA and NY Workplace Violence Update in Health Care
OSHA does not have a specific rule that addresses workplace violence in general industry or health care, although it has long discussed the need for such rules. During the Biden Administration some progress was made to advance a workplace violence rule in health care. However, such a proposed rule, “Workplace Violence in Health Care and Social Assistance,” was moved to the Long-Term Action item in the Spring 2025 regulatory agenda. This effectively means that nothing will happen for at least a year and, given the current deregulatory efforts, likely much longer than that.
Read MoreOSHA Launches Safety Champions Program
As part of OSHA’s efforts to enhance compliance assistance, it launched its “Safety Champions Program” (SCP) effective February 24, 2026. SCP is a new program for employers to develop and implement an effective safety and health program. The SCP incorporates seven core elements of OSHA’s Recommended Practices for Safety and Health Programs which are: (1) management leadership; (2) worker protection; (3) hazard identification and assessment; (4) hazard prevention and control; (5) education and training; (6) program evaluation and improvement; and (7) communication and coordination for host employers, contractors, and staffing agencies.
Read MoreDOL Follows Through On Use Of OSHA Standard Interpretation Letters
In June 2025, the United States Department of Labor announced a planned expansion of its opinion letter program intended to increase compliance assistance across several agencies including OSHA. The initiative is intended to reinforce OSHA’s commitment to offering valuable compliance assistance for workers, employers, and other stakeholders to help them comprehend how federal labor laws might apply to specific workplace situations. OSHA’s letter of interpretation provide official explanations of the agency’s requirements and how they apply to specific workplace situations and hazardous conditions raised by employers, employees, or other parties.
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