How might 2020 be shaping up for OSHA (Occupational Safety and Health Administration)? Here are some key points of interest to contemplate.

1. OSHA Leader?

The start of 2020 for OSHA looks just like the start of 2019 - without a confirmed leader. Currently Loren Sweatt, who is the Principal Deputy Assistant Secretary, is still the acting Assistant Secretary of Labor. President Trump nominated Scott Mugno in October of 2017, but Mungo’s confirmation was delayed and then he withdrew himself from the process in May of 2019.

2. 2020 Budget?

Item	2018 Enacted	2019 Enacted	2020 Requested
Safety and Health Standards	18,000,000	18,000,000	18,000,000
Federal Enforcement	208,000,000	209,000,000	212,000,000
Whistleblower Programs	17,500,000	17,500,000	18,624,000
State Programs	100,850,000	102,350,000	102,350,000
Technical Support	24,469,000	24,469,000	24,469,000
Compliance Assistance-Federal	70,981,000	73,481,000	73,914,000
Compliance Assistance-State Consultations	59,500,000	59,500,000	59,500,000
Compliance Assistance-Training Grants	10,357,000	10,357,000	0
Safety and Health Statistics	32,900,000	32,900,000	38,400,000
Executive Direction	10,050,000	10,050,000	9,496,000
Total Budget Authority	552,787,000	557,233,000	557,533,000
Total FTE	1,878	1,911	1,944

The FY 2020 Budget provides $557,533,000 and 1,944 direct FTE for OSHA, which is an increase of $300,000 and 33 FTE over the FY 2019 Enacted level. Specifically, the FY 2020 Budget includes additional staff resources, including net increases of $1,124,000 and 5 FTE to hire Whistleblower Investigators; $3,780,000 and 26 FTE for additional Compliance Safety and Health Officers; and $433,000 and two FTE for OSHA Training Institute instructors.

OSHA’s budget also includes IT increases, including $3,000,000 to migrate the agency portfolio of business software applications to the commercial cloud, and an increase of $2,500,000 for Worker Protection IT modernization resources. These resources will be managed by OCIO on behalf of the worker protection agencies and OCIO will work in collaboration with the worker protection agencies to determine the specific funding requirements and where funding can best support the Department’s IT modernization efforts.

The proposed increases are offset with plans to streamline and make OSHA more efficient. In addition, the Department proposes to eliminate the Susan Harwood Training Grants to maximize flexibility and use alternative methods to develop and distribute training materials to reach the broadest possible audience.

3. 2020 Focus?

OSHA has not been very forthcoming about 2020. Certain information on their website has not been updated for a quite a while. Below are some statements from the FY 2020 Congressional Budget Justification for the Occupational Safety and Health Administration that could provide some insight:

General

“In FY 2020, OSHA will focus on regulatory activities consistent with the President’s Executive Order 13777 “Enforcing the Regulatory Reform Agenda” and Executive Order 13771 “Reducing Regulations and Controlling Regulatory Costs.” The agency will seek to find the appropriate balance in responding to industry groups and other interested parties regarding standards, addressing new information about hazards and their effects, and the desire to streamline OSHA’s regulations to ensure standards are not burdensome or outdated.”

Standards

“During FY 2020, OSHA plans to publish two final rules on beryllium in general industry and hazard communication. The agency also plans to publish two notices of proposed rulemaking on tree care and silica exposure in construction to update Table 1 of the standard. OSHA plans to produce 40 guidance documents as well as material to support compliance assistance activities.”

Enforcement

“In FY 2020, OSHA plans to continue the Site Specific Targeting (SST) inspections to help focus agency efforts. The second year of SST inspections will target non-construction workplaces with 20 or more employees and is based on the injury and illness information employers submitted to OSHA through the Injury Tracking Application. OSHA created inspection lists of establishments with elevated Days Away Restricted or Transferred (DART) rate, together with a random sample of establishments that did not provide the required data to OSHA.”

Whistleblower Programs

“In FY 2020, OSHA is requesting $18,624,000 and 131 FTE, an increase of $1,124,000 and 5 FTE from the FY 2019 Enacted Appropriation. The request includes an increase of $1,948,000 and 10 FTE to hire new whistleblower investigators and make improvements to IT systems supporting the program to address the growing number of new complaints filed and the ongoing backlog of docketed cases. These new investigators, once trained, will join the existing staff to increase the number of completed investigations, both newly filed and those in backlog status. The agency received a total of 9,566 new complaints in FY 2018 and expects to receive more than 9,600 in FY 2019 and FY 2020.

OSHA will continue to expand the use of the Alternative Dispute Resolution (ADR) Program in FY 2020, which has proven to be an effective alternative to traditional enforcement activities in resolving complaints of retaliation. The agency will also continue efforts to improve the quality and efficiency of the Request for Review (RFR) process and look for methods to address the increase in investigations under Section 1904.35(b)(1)(iv) of OSHA’s recordkeeping rule.”

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