The Future of OSHA and the 2024 Election’s Impact

The 2024 presidential election is in full swing, and the outcome will impact many industries within our country. This is especially true for the industrial packaging sector, as the candidates have differing views on regulatory oversight, which will directly impact workplace safety, climate policy, and shape the direction OSHA takes in the coming years. Each spring, the federal government issues its regulatory agenda, which is what the agency anticipates acting on within the subsequent 12 months. This will overlap into the next administration and is likely to be continued or accelerated if the current party wins.

Currently, OSHA is pushing for changes that could affect companies within the industrial packaging industry. Some of these changes include stricter enforcement of health and safety standards, increased penalties for violations (maximum penalties for OSHA violations have increased 3.2% in 2024), and a stronger focus on emerging risks such as heat stress.

For instance, on August 30^th, OSHA published in the Federal Register a proposed regulation for Heat Injury and Illness prevention in Outdoor and Indoor Settings, fulfilling the Biden administration’s promise to have the agency put forward rules to help prevent heat related injuries and death. This could lead to more requirements for work environments that have long exposures at or above 80 degrees including more climate-controlled environments, mandatory rest breaks for workers, and closer supervision of temperatures and employees. All these impact labor and operational costs in industries relying on physical labor, such as packaging production.

Additionally, under a pro-regulation administration OSHA may continue to shift towards more frequent inspections and higher fines for non-compliance, which would pressure companies to improve their safety protocols. OSHA is also tightening its record keeping requirements to ensure more accurate tracking of workplace injuries and illness. This upcoming election will either slow down these changes or speed them up, depending on the party’s stance on regulation oversight. A more pro-business administration may ease back on some of the burdens associated with compliance, while a pro-regulation administration could strengthen OSHA’s enforcement.

The ambitious regulatory initiatives will also depend on the Congressional election. If there is a differing majority in the House, there would be the option to challenge any new proposed OSHA rules using the Congressional Review Act. A successful CRA challenge to a rule would stop it from moving forward and block OSHA from proposing a similar rule without explicit permission from Congress.

Congress is not the only branch that can overturn regulations or change rules. On June 28, 2024, SCOTUS overturned its 40-year precedent “Chevron deference,” which allows courts to defer to an agency’s reasonable interpretation of language. This law has long helped OSHA and other agencies maintain or make new rules or enforcement actions. Now that it is overturned, courts will no longer have to defer to the agency’s expertise. This could impact OSHA’s current and future regulations.

In today’s ever-changing environment, it is important to stay informed of changes to laws, regulations, and environmental standards. Come November we will understand what to anticipate from OSHA over the next couple of years and where it may be limited.

Overall, the economic outcome of the 2024 presidential race will significantly influence the regulatory and economic environment for industrial packaging companies, affecting everything from operational costs to the adoption of new safety and environmental standards. Companies should prepare for both potential changes in compliance requirements and shifts in trade and labor policies.

Working with a supplier that stays up to date on compliance is imperative. Conner is dedicated to making sure that our customer’s receive the highest quality products that comply with any regulations your industry requires. Reach out today to see how we can keep your production line moving no matter what future lies ahead.