Seyfarth Synopsis: On February 11, 2025, President Trump nominated David Keeling as Assistant Secretary of Labor for OSHA, pending Senate confirmation. Keeling, with extensive experience in occupational safety, is expected to adopt a pro-employer stance, contrasting with the Biden Administration’s approach. Anticipated changes include a delay or termination of new regulations on heat illness and workplace violence, and granting employers more control over third-party participation in OSHA inspections. Amanda Laihow, a respected figure in the safety community, is nominated to become OSHA Deputy Assistant Secretary. Keeling’s tenure may face challenges due to recent staff departures at OSHA.

On February 11, 2025, the Senate received President Trump’s nomination of David Keeling as Assistant Secretary of Labor for Occupational Safety and Health, to lead the Agency with the same name (OSHA). As the chief for OSHA, Mr. Keeling’s nomination will require Senate confirmation.  During the first Trump Administration, the Republican-led Senate never brought Trump’s OSHA nominee, Scott Mugno, up for a confirmation vote. We have no indication yet as to when the Senate will hold hearings on Mr. Keeling’s nomination.

Mr. Keeling has held positions overseeing occupational safety at large employers specializing in materials handling and delivery. Mr. Keeling would bring extensive experience with safety and health, as well as an understanding of OSHA agency enforcement actions against complex organizations. We anticipate Mr. Keeling will bring a more pro-employer orientation than the Biden Administration OSHA led by Doug Parker, and will show more openness to OSHA voluntary protection programs (VPP), which employers can use to partner with OSHA and proactively enhance their safety programs. OSHA under the Biden Administration moved to install new regulations protecting workers from heat illness and workplace violence. We expect a Keeling-led Trump OSHA will delay or terminate those regulatory efforts. We also expect OSHA to announce that employers and property owners will have the authority, going forward, to determine which third parties can join OSHA onsite inspections at non-union-represented workplaces. We have heard anecdotes that numerous OSHA employees – particularly Assistant Area Directors – have accepted the so-called “Department of Government Efficiency”-encouraged buyouts. Departures of key OSHA staff would force Mr. Keeling to pursue his agendas with a leaner, less-experienced team.

Per Bloomberg and OSHA sources, Amanda Laihow has been nominated as OSHA Deputy Assistant Secretary. Ms. Laihow is a former Commissioner and General Counsel of the Occupational Safety and Health Review Commission. Ms. Laihow is widely respected in the safety and health community.

Per Bloomberg Law, President Trump plans to name Wayne Palmer of Virginia to lead the Mine Safety and Health Administration. Mr. Palmer served as deputy assistant secretary for the MSHA during the first Trump administration.