At the CONVEY‘25 conference, hosted jointly by the Grain Elevator and Processing Society, National Grain and Feed Association, and GEAPS Media Group, attorney Aaron R. Gelb outlined how the Occupational Safety and Health Administration (OSHA) is expected to change course under a second Trump administration – potentially reshaping compliance and enforcement for grain handlers and processors nationwide. 

SHIFTING LEADERSHIP AND PRIORITIES
Gelb, co-managing partner at Conn Maciel Carey LLP, described a new enforcement and rulemaking landscape taking shape at the U.S. Department of Labor-OSHA. The confirmation of Rep. Lori Chavez-DeRemer as labor secretary, along with the nomination of David Keeling for assistant secretary of labor for OSHA, signals a regulatory pivot. 

Keeling brings private-sector safety leadership experience from UPS and Amazon, while Amanda Wood Laihow, tapped as deputy assistant secretary, also brings a wealth of workplace occupational safety and health experience. Early executive actions included halting most federal hiring, ordering federal workers back to the office, and efforts to reclassify thousands of federal positions to circumvent civil service protections. 

According to Gelb, these moves are part of an effort to shift OSHA away from an enforcement-heavy model toward expanded compliance assistance and voluntary participation programs. 

BUDGET CUTS AND ENFORCEMENT ROLLBACKS
The proposed fiscal 2025 budget calls for an 8% reduction in OSHA funding, from $632 million to $582 million. Staffing levels would fall by more than 12%, with projected inspections dropping from 34,682 to 24,929. Enforcement funding would be reduced by 5%, and the rulemaking budget is set for a 24%. While a Senate committee has proposed restoring OSHA’s budget to 2024 levels, it remains to be seen how much money the agency will receive for the coming fiscal year. 

Gelb also highlighted efforts by DOGE, short for the Department of Government Efficiency, which aims to reduce federal spending and shrink the federal bureaucracy. It remains to be seen, he explained, how much change will occur at OSHA, in part due to the fact that these efforts rely heavily on executive orders and court rulings to limit regulatory authority. 

For grain industry employers, the impact of fewer inspections and staffing may be mixed. While fewer inspections can mean less scrutiny and fewer fines, the drop in federal presence could also mean fewer resources for training and safety consultations, not to mention that “low road” employers may have a competitive leg up on those who prioritize employee safety. 

ENFORCEMENT ACTIONS TELL THE STORY
Gelb emphasized the significance of enforcement trends under recent administrations. During the Biden administration, OSHA averaged 345 enforcement actions per year that resulted in penalties of $100,000 or more. That number is up from an average of 174 per year during the Trump administration and 165 per year under President Obama.

In fiscal year 2024 alone, OSHA issued 449 citation packages with penalties exceeding $100,000. Of those, 108 cases exceeded $250,000, and eight resulted in overall penalties in excess of $1 million. These increases stem in part from a record number of willful citations, broader application of instance-by-instance citation authority, and a continued emphasis on repeat citations. Gelb also highlighted how OSHA made it easier to place employers into the Severe Violator Enforcement Program (SVEP) – a change that has not yet been undone by the Trump administration.

For large grain facilities and cooperatives, the data points to continued federal attention on facilities with elevated injury or inspection histories, as well as continuation of inspections under grain handling emphasis programs in the Chicago, Dallas, Denver, and Kansas City Regions. Gelb noted that despite the shift in leadership, policies such as site-specific targeting and emphasis programs for machine guarding, fall protection, and lockout/tagout remain active and relevant.

WHAT STAYS IN PLACE
Gelb warned that employers should not expect abrupt reversals. Site-specific targeting and both national and local emphasis programs will continue to drive OSHA inspection activity throughout fiscal 2025. Facilities in grain storage, milling, and transport that fall under these programs should continue preparing for comprehensive reviews. 

He added, however, that small employers may see some relief in the form of higher penalty reductions. A 70% fine reduction is now available to employers with fewer than 25 employees, and a 15% reduction may apply for prompt corrective actions, while reductions up to 20% may be available for employers without a history of violations. 

While the Trump administration has issued executive orders to pause or withdraw pending regulations, Gelb said many of the rulemakings from the prior term, such as those addressing heat illness prevention and workplace violence, remain unresolved. The administration has also called for rescinding rules that conflict with recent Supreme Court decisions, including those affecting agency interpretation of federal statutes. 

LOOKING AHEAD
Gelb urged grain industry employers to monitor not only formal rulemakings but also day-to-day enforcement shifts. The regulatory landscape is in transition, and practical compliance decisions will depend on both official policy and how field inspectors interpret emerging guidance. 

“This is not just a return to the previous playbook,” he said. “Employers need to stay nimble and informed as the balance between enforcement and assistance continues to evolve.” As these changes unfold, he urged employers to be proactive about safety, noting that OSHA will likely be particularly receptive to employers trying to do the right thing.

This article is based on a presentation delivered at CONVEY‘25. For more information, visit conveyconference.com.