What Employers Should Expect from OSHA’s Evolving Regulatory Landscape
Federal deregulation is slowing OSHA’s rulemaking, but targeted proposals—such as exemptions for inherently risky activities and continued heat-safety efforts—signal selective regulatory shifts. At the same time, states are advancing their own standards, creating a more complex compliance environment for employers.
- By Reilly Moore, Susan F. Wiltsie
- Dec 12, 2025
Federal regulatory shifts are reshaping OSHA’s enforcement landscape, prompting employers to closely monitor upcoming changes. While broad deregulation efforts continue across federal agencies, OSHA’s 2025 activity reflects a mixture of reduced rulemaking and targeted regulatory development.
One key proposal would create an exemption to the general duty clause for “Inherently Risky Activities,” addressing long-standing debate over whether OSHA should regulate hazards intrinsic to occupations such as live entertainment, animal handling, motorsports, extreme sports, tactical training, and other high-risk performance-based work. The exemption would apply to limited industries only when risks cannot be removed without fundamentally altering the activity and when employers take reasonable steps to reduce hazard levels.
Heat safety remains a major outlier in the deregulatory trend. OSHA’s proposed heat exposure standard—first introduced in 2024—has drawn more than 43,000 public comments and extensive hearings. Indicators suggest OSHA may revise it into a more flexible, performance-based rule, which could require reopening the public comment period and delaying final adoption.
As federal action slows, states are accelerating their own requirements. California expanded its heat standard indoors; Nevada implemented a performance-based heat rule; and several states are advancing new standards on heat exposure and workplace violence prevention. Some states are also testing expanded authority over private-sector labor matters, a shift that could influence future safety enforcement.
Despite deregulatory policy direction, OSHA’s enforcement remains steady. Penalties for willful and repeat violations continue, while new guidance expands penalty-reduction opportunities for small employers and those who quickly abate hazards.
NIOSH’s respirator certification program—briefly threatened by federal workforce cuts—was restored earlier this year, though budget proposals still raise questions about long-term stability.
With political dynamics shifting and states asserting a stronger role in safety regulation, employers should prepare for both ongoing deregulation and unexpected new requirements in the evolving workplace safety landscape.
About the Authors
Reilly Moore is an Associate at Hunton Andrews Kurth LLP.
Susan F. Wiltsie is a partner with Hunton Andrews Kurth LLP and can be reached at [email protected].