I am certain President Trump does not have OSHA in his sites. I’m basing that on his not mentioning OSHA in his campaign. He never tweeted on the subject. OSHA was not part of his campaign speeches. He hasn’t mentioned plans for any workplace safety issues as President. And, the trade journals I receive read more like gossip than news. I haven’t shed any tears but here is a sampling.

  Transgender restrooms are out. The injury and illness electronic recordkeeping rule is probably going to be targeted. Drug testing could come back. The Silica Rule is likely on the chopping block. Rulemaking on process safety management and combustible dust are unlikely to advance in a Trump administration. Finally, for every new regulation adopted by OSHA, they will be required to get rid of two. The regulation cut will be real.

  More importantly, when we focus on the death care industry and more broadly, on the service sector, I see OSHA enforcement entering a new phase. OSHA, for the most part, has stopped making programmed inspections of funeral homes. When warranted, OSHA will opt for other types of inspections and investigative procedures. OSHA will still have mandated inspections when there is a workplace fatality or serious accident.

  OSHA will continue to investigate employee complaints. This has always been the OSHA policy but for reasons I have never understood, employee complaints are rare in the funeral industry. OSHA will also continue to make follow-up inspections. Finally, OSHA can designate specific areas which they want to enforce. For example, they might choose “bloodborne pathogens” and that would open the door to make funeral home inspections. The ALERT newsletter will publish enforcement program activity once it appears on the OSHA website. I expect the frequency of funeral home inspections to be low for the next few years.

  Am I saying you can relax a bit with OSHA? I am saying exactly that, provided you do your annual training, document it, have your required written programs up to date, provide PPE, eyewash stations, drench showers, and keep your workplace tidy. Beyond OSHA, I can document where failure to do these things resulted in near six figure claims on employee mental anguish cases. Word – stay compliant.

  Even with inspections, the probable outcome will be on getting your issues fixed rather than on fines. Be aware, getting things fixed and documenting each fix with OSHA is always a big headache. What I said bears repeating. Word – stay compliant.