Source: Lisa M. Keefe, MEATINGPLACE, 2/1/17

A little more carrot and less stick may be forthcoming from the Occupational Safety and Health Administration under a Trump administration, thinks Neil Wasser, partner in the Atlanta labor and employment law firm of Constangy, Brooks, Smith and Prophete LLP.

In an interview with Meatingplace following the worker safety conference at the International Production and Processing Expo here, Wasser noted that it was early in the new administration to make too many predictions, but that he expects some of the bigger changes might be:
• Enforcement. OSHA may be more willing to work with processors rather than simply write them up. “Enforcement’s always going to be there, it’s not like enforcement’s going away,” Wasser said, “but, I think we’re going to see more compliance assistance at the same time.” OSHA may also be more willing to characterize violations as “other than serious” rather than “serious,” he said.
• Less regulatory burden. “I think we’re going to see few, if any, new regulatory requirements,” particularly as the Trump administration pursues its goal of striking two regulations for every one new regulation introduced.
• Interpretation letters. Wasser said he expects many of the interpretations that OSHA gave to regulations during the Obama administration will be walked back. For example, an interpretation that OSHA gave that opened the door to union organizers participating in OSHA inspections at non-union facilities is likely to be re-interpreted much more restrictively in respect to third-party participation in inspections. As well, incidents that have been interpreted as being reportable over the last several years are likely to be determined as “not reportable” in the near future.

Wasser also indicated that he is watching the courts for developments. In one case, several industry associations — including the National Chicken Council, the National Turkey Federation and the U.S. Poultry and Egg Association —  in early January filed a lawsuit against the Department of Labor and OSHA, saying the agencies exceeded their regulatory authority with the rule, “Improve Tracking of Workplace Injuries and Illnesses.”
That rule, which became fully effective Jan. 1, requires that companies with at least 250 employees file certain injury and illness reports electronically by July 1, in part so that that information can be easily posted to a public website. In justifying the rule, OSHA had argued that the data is information that the companies are required to report anyway, and that ease of public access will be an incentive for companies to continue to improve their safety records.

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