Leadership changes at OSHA, MSHA, and NLRB under the Trump administration
The Senate Health, Education, Labor, and Pensions (HELP) Committee approved Lori Chavez-DeRemer, Trump's nominee for Department of Labor Secretary, on February 27 and the nomination now moves to the full Senate. While the nomination continues to advance through the process, additional nominations and appointments provide insights into the future priorities and enforcement policies at OSHA, MSHA, and NLRB.
David Keeling nominated to head Occupational Safety and Health Administration (OSHA)
President Donald Trump has nominated David Keeling, a workplace safety veteran with experience at UPS and Amazon, to become Assistant Secretary of Labor for OSHA. Keeling started as a package handler at UPS in 1985 and worked his way up through multiple safety leadership roles for nearly four decades, eventually becoming Vice President of Global Health and Safety from March 2018 to July 2021. From July 2021 to May 2023, he served as Amazon's Director of Road and Transportation Safety before moving on to independent safety consulting in 2023.
Generally well received by the business community, he has received endorsements from The Coalition for Workplace Safety, an association of employer organizations including the Associated Builders and Contractors and National Association of Manufacturers, the Teamsters Union, and the National Safety Council. Eric Conn, founding partner of Conn Maciel Carey LLP and Chair of the firm's national OSHA Workplace Safety Practice Group, notes, "Without question, he has tremendous practical experience in workplace safety and health and a genuine belief in OSHA's mission. His leadership will be crucial in balancing the challenges of reducing the federal workforce while sustaining OSHA's mission to protect workers."
During President Trump's first term, he nominated another senior safety executive from the logistics and package delivery industry to run OSHA, Scott Mugno, former VP of Safety at FedEx. However, the nomination languished in the Senate, and he withdrew his nomination.
OSHA has two deputy assistant secretary positions. Scott Ketcham, a career employee, was named to the other post in December. Ketcham oversees OSHA's 10 regions and its Enforcement Programs and Construction directorates.
Amanda Wood Laihow - Nominee for Deputy Assistant Secretary for OSHA
President Trump appointed Amanda Wood Laihow during his first term to serve as a Commissioner for the OSH Review Commission (OSHRC), and she served in that role from 2020 to 2023, when her term expired. She was renominated to the Commission by former President Biden, along with another nominee, for two open positions, but the nominations never advanced to a vote by the Senate. Laihow previously was director of labor policy and employment at the National Association of Manufacturers, and she held key roles in government legal affairs.
She'll serve as the political appointee in OSHA's leadership team alongside Scott Ketcham, where she will play a critical role in directing OSHA's enforcement actions, regulatory framework, and engagement with employers and workers to ensure compliance with safety laws.
Her position does not require Senate confirmation so she can take on the role of Acting Assistant Secretary until the Senate confirms Mr. Keeling's nomination.The business community also views her favorably. Mr. Conn notes, "Like Mr. Keeling, Ms. Laihow's written decisions while serving at OSHRC, demonstrate her to be a serious, reasonable, and qualified candidate for the leadership role at OSHA."
What to expect
While the Trump administration has moved quickly to scale back and eliminate federal regulations and reduce the size of the federal workforce, some experts predict that the new leadership, if confirmed, will follow the first Trump administration's path of vigorous enforcement of existing OSHA regulations and standards, but have little appetite for promulgating new ones. This raises serious doubts about a nationwide heat safety standard, which is now in the proposed stage, and a broad infectious disease standard. The public comment period on the heat standard ended on January 14, and pundits suggest that it will not survive in its current form but may be significantly scaled back. Employers must remember that inspections under the existing National Emphasis Program (NEP) on heat hazards will continue and state laws continue to apply.
As in the first Trump administration, OSHA may rely on the General Duty Clause for enforcement efforts that do not fall under a standard. Also in the first term, The Voluntary Protection Program (VPP) expanded, allowing pre-approved employers to self-regulate, and the number of inspectors decreased.
Existing regulations expected to be removed or scaled back include the Electronic Injury Reporting rules and the Union Walkaround rule.The Union Walkaround rule is being challenged in the courts. Further, there will be fewer public-shaming news releases and the public data release of injury and illness reports will not continue.
Wayne Palmer to lead the Mine Safety and Health Administration (MSHA)
Most recently, Palmer was a senior advisor in the Department of Labor Office of Congressional and Intergovernmental Affairs. He was principal deputy assistant secretary at MSHA from December 2017 to January 2021 and the agency's acting head until David Zatezalo's confirmation in November 2017. He was Executive Vice President at the Essential Minerals Association from July 2021 until January 2023 and served as an Advisor to the Industry Trade Advisory Committee on Critical Minerals & Nonferrous Metals at the Dept. of Commerce from 2023 to 2025.
He has deep personal ties to the mining industry, and his extensive regulatory background suggests a strong focus on safety and industry collaboration. Palmer's nomination is pending with the Senate HELP Committee.
What to expect
According to the labor law firm, Fisher Phillips, much of MSHA won't change regardless of who is in charge. "The MSHA enforcement scheme is established by statute. The Federal Mine Safety and Health Act mandates that all underground mines be inspected in their entirety four times per year and all surface mines be inspected in their entirety twice a year. MSHA is also required to investigate hazard complaints, whistleblower complaints, and accidents. Regardless of who sits in the Assistant Secretary's seat, MSHA will continue to be a constant regulatory presence in the lives of mine operators." Further, MSHA cannot simply repeal a standard or make existing standards less stringent. Under Section 101(a)(9) of the Mine Act, MSHA may not enact any new rule that lessens safety relative to an existing standard.
While it's highly likely that no new regulations will be promulgated at MSHA during the next four years, it's unknown if the new administration will continue to defend the silica rule. The signature piece of rulemaking under the Biden administration, the rule is currently under contest in the 8th Circuit Court of Appeals. It's also unknown how staff reductions will impact MSHA. Under the Department of Government Efficiency hiring policy, MSHA can only add one employee for every four that leave the agency.
NLRB: No board quorum and first General Counsel Memo
President Trump made two major personnel changes at the National Labor Relations Board (NLRB) in late January. As expected, he fired Jennifer Abruzzo, the union-friendly General Counsel. And in an unprecedented move, he fired NLRB member Gwynne Wilcox, a Democrat appointed by President Biden, leaving the Board without a quorum. This decision is currently being litigated.
On February 14, the Acting General Counsel, William B. Cowen, issued his first General Counsel Memorandum ("GC Memo") GC 25-05 rescinding most of the Biden administration General Counsel's substantive prosecutorial guidance memos. While these memoranda do not have the weight of law or regulation, they do set out the agency's priorities and key interpretations of the National Labor Relations Act ("NLRA").
According to the National Law Review, there were generally two types of rescissions. In addition to simply rescinding certain GC memos, Cowen also rescinded additional memos "pending further guidance" - suggesting those areas where the new administration will be placing its focus. The memo implies the NLRB will overturn many of the controversial and pro-labor Biden-era Board decisions.