Senate Confirms Key Leaders for Workplace Safety and Health
- Heather MacDougall
- Oct 13
- 4 min read
Updated: 3 days ago
Musings from **Jim Frederick and Heather MacDougall, Esq. and CSP for workplace health and safety watcher
On October 6, the U.S. Senate confirmed four key leaders who will shape workplace safety and health. David Keeling has been appointed Assistant Secretary of Labor for Occupational Safety and Health (OSHA). Wayne Palmer will lead the Mine Safety and Health Administration (MSHA) as Assistant Secretary. Jonathan Snare joins the Occupational Safety and Health Review Commission (OSHRC) as a commissioner. Lastly, Marco Rajkovich, Jr. joins the Federal Mine Safety and Health Review Commission (FMSHRC) as a commissioner.
These four were confirmed in a party-line vote on a package of more than 100 administration nominations for various positions across federal agencies. This follows a September 10 change in Senate rules, allowing most lower-level executive branch nominees to be confirmed in large batches with a simple majority vote. These confirmations mark an important step in defining safety initiatives and regulatory agency policy across U.S. workplaces.
We extend our congratulations to these four leaders and wish them the best as they take on these crucial roles in workplace safety and health. We have first-hand experience with the leadership of two of the four agencies (OSHRC and OSHA). We know that these roles are challenging, and starting them during a shutdown adds to the complexity.
Current Government Shutdown
The government is currently shut down, pending resolution by Congress and the White House on a budget or a continuing resolution to extend operating funds. Agencies prepare contingency plans to maintain critical operations during a potential shutdown. Once a shutdown occurs, these plans go into effect.
The Department of Labor Plan (for both OSHA and MSHA) is called the Plan for the Continuation of Limited Activities During a Lapse in Appropriations. The OSHRC plan is titled Plan for Shutdown in the Absence of an Available Appropriation or Continuing Resolution. The Federal Mine Safety and Health Review Commission plan is called the FY 2026 Lapse in Appropriations Contingency Plan. These plans define staffing for the agency during a shutdown.
The new Assistant Secretaries at OSHA and MSHA may start with less than one-third of OSHA staff and just over half of MSHA staff reporting to work. This situation will impact the priorities they can implement at the beginning of their tenure. For OSHRC, we do not expect Jonathan Snare to be sworn in before the end of the shutdown.
OSHA Priorities Under David Keeling
Dave Keeling previously served as a Director on the Workplace Health and Safety team at Amazon. His tenure in this role overlapped with Heather’s time leading the team. Before Amazon, Keeling spent over 35 years at UPS in various roles, eventually becoming its Vice President of Health and Safety.
From his confirmation hearing, we learned his plans for OSHA:
Modernize Regulatory Oversight and Rulemaking. Leverage technology and predictive analytics to shift from reactive compliance to proactive injury prevention and informed design. Incorporate global industry consensus standards for more rigorous and up-to-date guidance.
Expand Collaboration and Partnerships. Strengthen cooperation with professional groups, companies, and unions to break down silos and drive real improvement. Update and enhance OSHA’s Voluntary Protection Programs (VPP) as part of the new Pathway to Safety and Health Success initiative.
Transform Enforcement Through Data. Use data-driven predictive analytics to identify risks and engage at-risk employers and employees before incidents occur. Focus on proactive risk mitigation to prevent workplace tragedies.
During his confirmation hearing, Keeling expressed a commitment to ensuring “no family sits down at the dinner table to an empty chair,” signaling a strong focus on prevention and collaboration.
Keeling will lead OSHA during the next few years as many closely watch the agency’s efforts to finalize its heat injury and illness prevention standard. He also pledged to promulgate a workplace violence standard. However, the Trump administration’s most recent Unified Agenda of regulatory actions indicates that a rule for a proposed workplace violence standard in healthcare is moving from the proposed rule stage to this agenda’s “long-term actions.”
OSHRC Still Lacks a Quorum
At OSHRC, when Jon Snare is sworn in, we expect he will be designated Chair of the Commission. The Review Commission has been without a single commissioner since Cindy Attwood’s term expired on April 27. Two commissioners constitute a quorum, which is necessary to direct a case for review following the filing of a Petition for Discretionary Review by one of the parties. While Snare will be able to direct a case for review, action on important issues may be postponed. The disposition of some pending cases will be delayed until there is at least a quorum. No nominations have been made for the other two commissioners. It remains unclear if the current administration will allow this independent agency to wither by failing to nominate additional commissioners or if more nominations will be forthcoming.
MSHA & FMSHRC
The MSHA priorities are less clear, as the Senate did not hold a hearing on Assistant Secretary Palmer’s nomination or on FMSHRC Commissioner Rajkovich’s nomination. Wayne Palmer assumes leadership of MSHA at a time when the agency seeks to modernize long-standing rules amid a broader deregulatory push.
Commissioner Rajkovich joins FMSHRC at a time when his confirmation is unlikely to have an immediate impact. He joins two President Biden appointees, while the two other seats remain vacant.
Conclusion
The recent confirmations of key leaders in workplace safety and health signal a new era for OSHA, MSHA, OSHRC, and FMSHRC. As these leaders step into their roles, they face significant challenges, especially amid the current government shutdown. Their ability to implement safety initiatives and regulatory policies will be crucial in shaping the future of workplace safety across the nation.
The focus on modernization, collaboration, and data-driven enforcement will be essential in addressing the pressing issues of workplace safety. As we move forward, it will be important to monitor the actions of these leaders and the impact they will have on the safety and health of workers across the United States.
In this evolving landscape, the commitment to ensuring that no family experiences the loss of a loved one due to workplace incidents remains paramount. The path ahead is challenging, but with strong leadership, there is hope for a safer working environment for all.
