Trump victory might forestall new OSHA rules

The election of Donald Trump might mean the end of one of OSHA’s big regulatory initiatives of 2016.

If left intact, OSHA’s electronic recordkeeping rule, scheduled to take effect Jan. 1, would require certain employers to submit electronically injury and illness data that they are already required to record on their on-site OSHA Injury and Illness forms.

Labor law experts believe the incoming president will revoke the rule because he won’t view it as something that’s crucial to workplace safety.

In fact, Trump will likely see it as an additional burden on employers.

The agency’s silica rule, published in March after years of delays, also could be vulnerable, experts say. In litigation challenging the controversial rule, opponents argue OSHA ignored concerns about the technological and economic feasibility of lowering the maximum exposure limits.

Both the electronic recordkeeping rule and the silica rule are the subjects of legal challenges by employer trade associations and other parties.

Elsewhere, the Republican-led Congress could work with Trump to revise the Bipartisan Budget Act of 2015, which raised OSHA’s maximum fines by nearly 80%.

A repeal of the increase is unlikely – in part because the fines haven’t been raised in more than 20 years – but Trump might want to eliminate a provision that allows the penalties to rise with inflation.

About the Author

Larry Hannappel

Larry spent 16 years with Century Casino’s and was instrumental in the start-up and growth of the company through expansions in Canada, South Africa, the Czech Republic, Poland and on several cruise ships as well as in Colorado. He was most recently the SVP, Principal Finance Officer and COO of North American operations for Century Casinos Inc., a multinational, Nasdaq-traded gaming company. Earlier in his career, Larry worked at the Johns Manville Corp. Larry spent 13 years in various accounting and finance functions in the company’s fiberglass manufacturing division and was key in the start-up of a molding plant in Indiana. Larry and his wife Kathy and three children live in Colorado. He enjoys four-wheeling, motorcycling, golfing, skiing and brewing beer.

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