Fewer rules, diminished enforcement, less research
Sep 24, 2025Budget cuts could be on the horizon for OSHA, MSHA, and NIOSH
In keeping with the Trump administration’s downsizing of the federal government and the general push for deregulation, a report recently released by the House Appropriations Committee provides some helpful details concerning proposed budget cuts on the horizon for the Occupational Health and Safety Administration (OSHA), the Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH). For OSHA and MSHA, those budget cuts mirror the budget request made by the White House last May.
Cutting staff and moderating enforcement at OSHA
The House bill, which emerged from the House Appropriations Committee on September 2, 2025 following the markup, would allocate nearly $582.4 million to OSHA for fiscal year 2026. That represents a nearly 8 percent cut in the agency’s budget if enacted into law. The largest cuts for OSHA in the House bill are to enforcement ($23.7 million) and the Susan Harwood Training Grant Program ($12.8 million). The House bill also cuts 223 full-time staff, bringing the total OSHA workforce to 1,587. The outcome would be fewer inspections, reduced technical support, and less training and outreach, particularly for hard-to-reach “at-risk” workers in certain industries.
Meanwhile, the Senate proposal, SB 2587, maintains FY 2025 OSHA funding at $632.3 million and keeps staff, State Plan Grants, Harwood Grants, Enforcement, and Compliance Assistance initiatives at 2025 levels.
How these two contrasting budgets will be reconciled remains to be seen. It’s also quite possible that if these differences aren’t finalized by September 30, 2025, Congress may choose to avoid a government shutdown with a continuing resolution.
Cutting mine safety and health enforcement at MSHA
The House bill allocates $348.2 million for MSHA for fiscal year 2026, or a 10 percent cut. The Senate proposal of $387.8 million would be the same funding as in fiscal year 2025. The House bill cuts $14 million from enforcement and from educational policy and development initiatives.
The House Appropriations Committee report also asks MSHA to provide a briefing — within 120 days of the bill’s enactment — about enforcement of the crystalline silica rule. Enforcement of the standard has been delayed until October 17, 2025. The briefing should include:
…an assessment of the technical and operational feasibility for operators to achieve compliance with the rule’s exposure limits and reporting requirements; an evaluation of the accuracy of laboratory analyses supporting enforcement and information on how MSHA may apply proportionality and flexibility in enforcement actions, including consideration of sector-specific and operational variability.
Congress differs from the White House about the future of NIOSH
The House bill allocates $312.7 million for NIOSH in fiscal year 2026, a 14 percent reduction from 2025. The Senate bill funds NIOSH at essentially the same level as 2025 — $363.8 million. The White House, in contrast, requests only $73.2 million for the agency, and $66.5 million of that amount is for mining research. This represents an 80 percent cut in the NIOSH budget.
In June, the Department of Health and Human Services (HHS) proposed eliminating NIOSH entirely as part of its Fiscal Year 2026 budget plan, consolidating its programs under the newly formed Administration for a Healthy America (AHA). HHS also published a budget justification in June, which indicated that the agency’s National Personal Protective Technology Laboratory, the National Occupational Research Agenda, and “other occupational safety and health research” would not receive any funding.
What now?
If the U.S. Senate FY 2026 proposal for OSHA prevails, we shall see the status quo remain for FY 2026. If the U.S. House of Representatives’ and Trump administration’s proposals prevail, we will see a reduction in enforcement and compliance assistance.
Word to the wise, do not let your guard down when it comes to safety and health. Regardless of which budget prevails, employers will still remain under the watchful eye of OSHA Compliance Officers who will be enforcing the OSH Act to ensure compliance therewith. OSHA regulations are not being downsized or going away. Most employers meet and exceed the baseline set by these OSHA regulations; they should continue to do so. Actions of the federal government do not dictate the harsh reality that the risks associated with dangerous worksites do not disappear.
If you have any questions or concerns about any aspect of the federal deregulation and funding process underway or would like assistance reviewing your safety program and business practices for compliance purposes in this new regulatory environment, don’t hesitate to contact Orr & Reno for assistance.
