FP’s Top 2025 Predictions for Workplace Safety

Our Workplace Safety thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025. If you want more, register for our FP Workplace Law Forecast Webinar here.

Employers Will Face Greater Scrutiny Thanks to Public Data Release

The Biden-era OSHA got in one last jolt by publishing comprehensive details on nearly 900,000 reported workplace injuries and illnesses recorded by the agency in 2023 – which means employers will face increased scrutiny in 2025. While we don’t expect Trump’s OSHA to do the same in the coming year, the horse is already out of the barn for many employers. You should brace for more detailed benchmarking against peers, potential media scrutiny, union interest, and increased expectations from employees and regulators. Follow our gameplan here and consider our Crisis Communications and Strategy Team if necessary.

You Might See the Future at Your Workplace Thanks to OSHA-Issued Smart Glasses

A high-tech company announced that it will expand its deployment of smart glasses equipped with cameras, sensors, and internet connectivity to even more federal safety inspectors in 2025 so they have ability for real-time documentation, augmented reality features, and instant communication with outside personnel. The continuous use of cameras and recording features raises significant questions about whether their use might violate constitutional protections – and even OSHA’s own policies concerning the use of recording devices during inspections and interviews. Follow these steps to protect your organization and your employees.

Trump’s OSHA Will Undo Biden-Era Safety Rules

Safety professionals can expect several key changes from the Trump administration. Even though Trump surprised the business community by nominating union advocate Lori Chavez-DeRemer to lead the Department of Labor, we still expect the new administration to put electronic submission requirements back on the shelf. We also predict we’ll say goodbye to the new union walkaround rule – either by agency or court action.

Heat Standard Might Survive – But Be Scaled Back

But we do think we’ll ultimately see OSHA’s heat standard finalized in 2025 – though likely in a scaled-back form. This groundbreaking rule would require employers to implement robust measures to safeguard employees from extreme heat both indoors and outdoors.

DOGE Leaders Will Suggest Significant OSHA Cuts 

Trump’s new DOGE initiative (which, despite its name, will not be an official government agency) will take off early this year, led by Elon Musk and Vivek Ramaswamy. To even come close to the goal of reducing the federal budget by “at least $2 trillion,” you can bet on recommendations for big slashes to federal agencies – including significant reductions to OSHA’s overall headcount and to the number of compliance, safety, and health officers.

SCOTUS Decisions Will Transform Workplace Safety and Mine Safety

Employers and advocacy groups will rely on two Supreme Court rulings issued in 2024 to fight back against regulatory overreach. First, they will use the Court’s landmark ruling overturning the decades-old Chevron doctrine to combat rules issued by both OSHA and MSHA. Second, they will point to SEC v. Jarkesy, which narrowly limited how agencies can use administrative law judges and left the door open for broader challenges, to erode ALJ authority. And the DOL will look to change its procedure for appointing ALJs to address arguments that those judges are double-protected from removal in violation of the Constitution.

OSHA State Plans Will Continue to Ramp Up Safety Initiatives

Last year saw states take significant action to boost workplace safety standards – and we expect there to be a lot of state-level action in 2025 as well. California passed a groundbreaking workplace violence prevention program among its slew of new workplace safety laws. New York followed by requiring retail employers to implement workplace violence prevention measures. Nevada finalized its own heat safety rule, as did Maryland. And Kentucky was just one of several states that adopted an emergency regulation in line with federal OSHA’s new walkaround rule – so even if the federal standard is repealed or struck down, you’ll need to check with your own state to see if you are still face with similar requirements.

Want More?

• You can read our entire FP Workplace Law 2025 Forecast here, full of predictions spanning many practice areas and industries.
• You can register for our FP Workplace Law Forecast 2025 Webinar here.

Conclusion

We will continue to monitor developments related to all aspects of workplace safety law. Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information. If you have questions, contact your Fisher Phillips attorney, the authors of this Insight, or any member of our Workplace Safety Team.