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Dakota Software's Blog for EHS and Sustainability Professionals

The Trump administration's potential impact on the EPA, OSHA and EHS managers

November 28th, 2016 by Dakota Software Staff Industry News

The Trump administration's potential impact on the EPA, OSHA and EHS managers

Presidents have long played a significant role in the actions of federal compliance agencies like the Occupational Safety and Health Administration and the Environmental Protection Agency. From Richard Nixon approving the creation of the environmental and health and safety watchdogs in the early 1970s to each following president appointing the agencies' top officials, there's no doubt the current administration has influenced the actions of these organizations. With President-elect Donald Trump set to begin his four-year term in 2017, it's important for EHS managers to consider how a new presidential agenda could impact federal regulations and day-to-day operations.

In a general sense, recognizing Trump, a Republican, will operate for at least two years with a GOP majority in both the House of Representatives and Senate is vital for the appropriate context. That means pushing through legislation will be easier, at least in theory, than it was under President Obama, whose Democratic affiliation clashed mightily at times with the Republican-controlled Congress. While there's no concrete plans as of yet for massive alterations - although some possibilities have been floated - changes to federal environmental and health and safety regulations, organizational structure and other concerns may come at a faster pace with one party controlling both the legislative and executive branches.

For the EPA and environmental regulations
Trump has already made statements expressing a strongly negative opinion about the Clean Power Plan specifically, and more generally has said he opposes a number of other environmental regulations that limit businesses. That's especially true of regulations affecting the oil and natural gas industries. That means EHS professionals could be looking at a looser set of environmental regulations to contend with for the next four years. Environmental Leader said Trump's selection of Myron Ebell, who has long pushed against the theory of climate change, as the EPA's chief administrator could lead to changes for or eliminations of Obama-era EPA rules.

One consideration to make in terms of environmental compliance, as noted by Environmental Leader, is Trump's pledge to back out of the Paris Agreement. That set of environmental protocols received a wide degree of buy-in after its introduction, with nearly all countries signing the instrument itself and a strong majority ratifying it. However, the domestic gains already made related to the agreement's goals and the high level of global participation may make it hard for the U.S. to pull out of the pact. Domestic pressures, from activist shareholders to the strong progress of a variety of environmentally conscious projects, add to the feeling of the Paris Agreement as a task already completed.

For OSHA and health and safety regulations
EHS Today spoke with Edwin G. Foulke Jr., a former OSHA head under George W. Bush and Occupational Safety and Health Review Commission chair during the transition from George H.W. Bush's presidency to Bill Clinton's, about what the Trump administration could mean for health and safety concerns. Foulke correctly predicted that OSHA would push through the update to its Walking-Working Surfaces Standard before Trump took office, partially in an attempt to lessen the chance of a review or nullification by the Trump administration or Congress.

In general, Foulke believes Trump will emphasize compliance assistance more than enforcement efforts, a reversal of Obama's position on the matter. He also believes Trump will repeal the Fair Pay and Safe Workplaces Executive Order. Additionally, the recently increased size of OSHA penalties could be reduced through action by the Trump administration, which is a possibility - as is dispensing with the yearly cost-of-living increases tied to those penalties.

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