In mid-February, Trump nominated Wayne Palmer to lead the Mine Safety and Health Administration (MSHA) and David Keeling to lead the Occupational Safety and Health Administration (OSHA). While these nominees have been submitted to the Senate, no committee hearings have been held. In this article, we explore what, if any, changes we expect to see under the new administration that will impact employers on the MSHA and OSHA fronts.

MSHA 

Wayne Palmer served as Deputy Assistant Secretary for MSHA in the first Trump administration. Mr. Palmer is from Virginia, and his ancestors mined anthracite coal in Pennsylvania, silver and iron ore in the United States, and copper and tin in the United Kingdom. Immediately prior to his nomination, Mr. Palmer served as executive vice president at Essential Minerals Association.  

MSHA and its enforcement scheme are granted by the Federal Mine Safety and Health Act, thus, in many respects, Palmer’s appointment is unlikely to impact the Agency’s efforts to carry out its statutorily conferred duties.

By contrast, we are closely watching MSHA’s position on the Biden-era Silica Rule that took effect in 2024 and sought to reduce miners’ exposure to dust (mirroring an OSHA standard set 10 years prior and applicable to other industries). While there has been significant opposition in the metal/non-metal mining sectors to the new standard, implementation has already started. The Rule is also currently being challenged at the Eighth Circuit Court of Appeals. Questions about whether the Trump administration will actively defend the standard before the Eighth Circuit, whether it will seek to actively enforce it, or whether the implementation will be scaled back are all open. While there are certainly many questions as to how MSHA may handle this new Silica Rule, one path that seems unlikely is invalidation or a new ruling-making to lessen the protections of the rule. Under Section 101(a)(9) of the Mine Act, MSHA may not enact any new rule that lessens safety relative to an existing standard.

Another relatively new Biden-era regulation being watched is the Powered Haulage Rule issued in December 2023, which requires safety plans applicable to mobile equipment at surface mines and the surface areas of underground mines. While there is less opposition to this rule as compared to the Silica Rule, we intend to monitor its implementation under the new administration.

OSHA 

David Keeling is a Kentucky native with a background in safety with UPS and Amazon. From July 2021 to May 2023, Keeling served as the Director of Global Road and Transportation. For 38 years prior to working at Amazon, Keeling worked at UPS, serving as the Vice President of Global Health and Safety from March 2018 to July 2021. While Keeling comes with a large corporation background, his nomination was supported by the Coalition of Workforce Safety and the Teamsters.

As with MSHA, OSHA has several high-profile regulations either recently enacted or currently pending that we expect will be impacted by the change in administration, including:

1. Walk Around Rule, which became effective on May 31, 2024, and allows employees to designate a representative to accompany OSHA inspectors during workplace investigations. There was substantial opposition to this rule, even though MSHA rules have long-allowed union representatives to be part of the inspection process.

• New Heat Standard, which was proposed in the summer of 2024 but was not finalized as of the change in administration, would impose safety regulations applicable to employees working in certain specified heat-exposed occupations. The proposed standard generated substantial opposition from the business community, thus, we expect the administration will be unlikely to finalize the regulation as it is presently proposed. With the warming climate, it is unlikely that OSHA would fully withdraw the proposed regulation; however, it is possible we see substantial changes to it.

• OSHA 300 Form – During the Biden administration, OSHA expanded who was required to submit a Form 300 that documented an employer’s Summary of Workplace Illnesses and Injuries. Moreover, the Biden administration often made the information in these forms publicly available. As has occurred during prior swings in the party in the White House, we anticipate potential pull-back in these requirements.

As with MSHA, we will be monitoring Keeling’s nomination, and OSHA’s going-forward implementation and enforcement of the above (and other) issues.

If you have any questions about MSHA or OSHA or the impact of the change in administration on your operations, please reach out to Spilman’s labor and employment team.