Next OSHA Budget Indicates Agency Shrinking

• OSHA’s FY2026 congressional budget justification suggests significant headcount reductions over the next two years, as well as a significant reduction in inspection activity.
• The budget request includes $582.38 million in discretionary funding and 1,587 FTEs, down from $49.93 million and 223 FTEs in FY 2025.
• The proposed budget emphasizes targeted enforcement in high-hazard industries, modernization of technical support functions, and enhanced data-driven decision-making.
• Significant reductions include the elimination of the Susan Harwood Training Grant Program and a decrease in inspection activities, aligning with the administration’s deregulatory initiatives and efficiency goals.
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DoL Reported in Process of Dozens of OSHA Change Proposals

• Industry media reports last week cited U.S. Department of Labor moves to change more than two dozen health and safety rules, including a revision to the rules regarding what jobs and hours minors are allowed to work.
• On July 1, 2025, OSHA issued NPRMs affecting 26 current standards, with some impacting narrow categories of employers and others affecting broader cross-sections.
• OSHA proposes the removal of the requirement that people using N95, P100, and similar filtering facepiece respirators and powered air-purifying respirators (PAPRs) be subject to medical clearance before use.
• The DOL proposes to rescind outdated regulations for coordinating enforcement activities among agencies regarding migrant farmworkers, aiming to improve efficiency and modernize practices.
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OSHA Pulls Proposal to Add MSD Column to Workplace Injury Log

• OSHA has ended its rulemaking effort to add a musculoskeletal disorders column to the agency’s 300 Log, citing limited benefit and existing recordkeeping requirements.
• The withdrawal, effective July 1, 2025, formally terminates the rulemaking process initiated under Docket No. OSHA-2009-0044.
• OSHA said the proposed addition of an MSD column was unnecessary for improving national injury and illness statistics or for supporting enforcement and outreach.
• Employers are already required to record work-related MSDs under existing rules, and creating a dedicated column would not meaningfully enhance the quality or utility of the data, according to the agency.
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Oregon OSHA Seeks Safety Training Grant Proposals

• Oregon OSHA has opened applications for its annual training grant program targeting improvements in workplace safety and health in high-hazard industries across the state.
• Projects can include immersive video training, multilingual safety publications, or multimedia toolkits that outline best practices for high-risk job tasks.
• “This program helps turn creative safety ideas into real-world tools that protect Oregon workers,” the division said in its announcement. “We’re ready to help applicants bring those ideas to life.”
• Applications are due Oct. 3 and must propose new or significantly expanded projects to be eligible.
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Mine Safety Rule Changes Proposed

• The Mine Safety and Health Administration has published three proposed rules on July 1 which would revise the criteria for approving safety plans in underground coal mines.
• The proposed changes, published on July 1, focus on regulatory provisions that MSHA says may exceed statutory authority and raise constitutional concerns.The three proposals seek to amend approval processes for roof control plans, ventilation plans, and related discretionary authority previously held by local MSHA officials, known as District Managers.
• Those individuals are presently permitted to impose additional requirements on mine safety plans that exceed the requirements explicitly outlined in federal regulations.
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OSHA Moves to Narrow Enforcement on “Inherently Risky” Roles

• OSHA on July 1 issued a notice of proposed rulemaking to clarify and narrow the application of the General Duty Clause, 29 U.S.C. § 654(a)(1), as it pertains to inherently risky activities that are integral to certain professional and performance-based occupations.
• The proposed rule would exclude from OSHA enforcement those hazards that are inseparable from the core nature of such activities, provided that eliminating the hazard would fundamentally alter the activity itself.
• OSHA is seeking public comments on the proposed rule, which is expected to save approximately $514,000 annually by reducing General Duty Clause citations and will not impose new costs or significant economic impacts.
• According to Ogletree Deakins, that clause requires employers to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Historically, OSHA has used this provision to address hazards not covered by specific standards.
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