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.