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FEATURE

A First Look at OSHA Under

the Biden Administration

PHILLIP B. RUSSELL, ESQ. OGLETREE, DEAKINS, NASH, SMOAK & STEWART P.C.,
TAMPA, FL AND JASLYN W. JOHNSON, ESQ. OGLETREE, DEAKINS, NASH, SMOAK &
STEWART P.C., ATLANTA, GA

ogletree.com/people/phillip-b-russell | ogletree.com/people/jaslyn-w-johnson

As of the writing of this article President Biden has been inaugurated, Marty
Walsh has been confirmed as U.S. Secretary of Labor, Jim Frederick has
been installed as Deputy Assistant Secretary of the Occupational Safety and
Health Administration (OSHA), and the U.S. Senate is split 50-50 with ties
going to the Democrats through Vice President Kamala Harris. In this article,
we attempt to explain what this means for the top legislative, regulatory,
and enforcement issues involving OSHA. Employers want to know what this
means for their industry, workers, and their own safety and health programs.

On January 8, 2021, then President-elect OSHA head, we do not yet know who will and enforcement proceedings. Clawing
Biden announced he would nominate lead OSHA: the official title is the Assistant back some initiatives of the DOL of the
former Boston Mayor Marty Walsh to be Secretary of Labor for OSHA. Leadership Trump Administration will be a priority.
U.S. Secretary of Labor. Walsh was a union matters, and employers should be keenly But beyond that, expect this DOL to go
president and state representative before interested in who takes the reigns of the on the offensive with an agenda even
becoming mayor. On March 22, 2021, the federal government’s workplace safety more progressive than that of the Obama
U.S. Senate confirmed Walsh’s nomination. and health agency. Administration’s DOL.
Next, only minutes after his inauguration,
President Biden installed Jim Frederick There is a saying in Washington, D.C., that The ongoing COVID-19 pandemic has
as Deputy Assistant Secretary of Labor “personnel is policy.” Whomever President thrust OSHA into the spotlight, and
for OSHA. Frederick retired last year after Biden nominates to run the labor and workplace safety will likely be the priority
24 years as assistant health and safety employment related agencies, including of the Biden DOL. Walsh’s top priority
director at the United Steelworkers union. OSHA, will have an enormous influence will likely be the development of an
Both Fredrick and Walsh will bring a pro- on federal labor and employment emergency temporary standard to protect
labor union perspective on legislation and policy. Expect the DOL of the Biden workplaces from COVID-19. Enforcement is
regulation. While Frederick is the acting Administration to be aggressive from the likely to tick up, too, especially regarding
start, in terms of both regulatory actions COVID-19–related complaints.

18 Insights Magazine | May/June 2021 | www.ieci.org