
As President Trump begins his second term, companies should prepare for significant shifts in environmental health and safety (EHS) regulations and enforcement. This alert outlines key anticipated changes, including leadership transitions, potential staffing impacts, using executive orders to change agency priorities, and regulatory rollbacks.
1. Leadership Changes
Department of Labor (DOL): The DOL is expected to undergo substantial changes, with new leadership shifting the department’s focus. The new administration may appoint leaders who prioritize deregulation and reduce enforcement actions. Notably, the National Labor Relations Board (NLRB), another key federal agency tasked with addressing certain labor activities, has already seen new appointments aimed at curbing union influence and reducing regulatory burdens on businesses. Companies should expect similar changes within DOL.
Occupational Safety and Health Administration (OSHA): OSHA is also poised for leadership changes that could result in a more business-friendly approach. The administration’s regulatory freeze has already paused several OSHA rulemaking initiatives, including those related to heat illness prevention and emergency response. Additionally, there is increasing pressure from some lawmakers to disband OSHA altogether.
Environmental Protection Agency (EPA): The EPA will see significant leadership changes, with Lee Zeldin confirmed as the new head. The administration’s focus on deregulation is expected to continue, with a particular emphasis on rolling back climate-related regulations. The administration previously critiqued environmental regulations related to tailpipe regulations for vehicles, and limitations on pollutions from power plants. The EPA’s budget may face cuts, and staffing reductions are anticipated, impacting the agency’s ability to enforce environmental laws. Companies should note that these changes are on the federal level and states’ approach to environmental enforcement will differ.
2. Layoffs and Hiring Freezes
The Trump administration has implemented a federal hiring freeze and offered buyouts to federal employees, which will lead to a reduction in staff across various agencies. Less personnel will likely impact the enforcement and rulemaking capabilities of the DOL, OSHA, EPA, DOT, and other agencies with regulations affecting EHS, potentially resulting in fewer inspections and delayed regulatory actions.
3. Use of the Congressional Review Act (CRA)
The CRA is expected to be a key tool for the new administration to rescind regulations issued during the final months of the previous administration. This legislative procedure allows Congress to overturn new federal regulations, and it is anticipated that several EHS-related rules will be targeted. Specific rules that have already been rolled back, or are likely to be, include those related to climate change, environmental justice, civil rights, and ESG initiatives.
4. Executive Orders
President Trump has issued several executive orders that will impact EHS regulations. Key orders include:
- Regulatory Freeze Pending Review: This order halts the issuance of new rules and withdraws those not yet published. Several rulemakings in final stages that will impact the EHS landscape including the aforementioned OSHA heat illness rules and EPA’s rulemaking setting discharge limits for certain PFAS.
- Initial Rescissions of Harmful Executive Orders and Actions: This executive order revokes numerous executive orders implemented by the previous administration related to energy, climate change, and environmental justice.
- Declaring a National Energy Emergency: This executive order aims to boost domestic energy production, potentially at the expense of environmental protections.
- Withdrawing the U.S. from the Paris Agreement: This decision signals a significant shift away from global climate commitments.
Companies should stay informed about these developments and assess their potential impact on operations. The EHS regulatory landscape will evolve rapidly over the coming weeks and months.