OSHA Boss Gets Boost: New Powers Assigned Smoothly
Published Date: 6/30/2025
Notice
Summary
The Department of Labor is officially giving the Assistant Secretary for Occupational Safety and Health new powers and responsibilities to better protect workers. This change means the Assistant Secretary can now lead safety programs, enforce rules, and handle investigations more directly, starting right away. It affects workplaces nationwide but doesn’t change any budgets or deadlines for now.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
T and U Immigration Certification Authority
The Order delegates authority to issue T Nonimmigrant Status Declarations (8 U.S.C. 1101(a)(15)(T)) and U Nonimmigrant Status Certifications (8 U.S.C.1101(a)(15)(U)) to the Assistant Secretary for Occupational Safety and Health and confirms that authority now also rests with the Wage and Hour Division Administrator. This authority change is effective immediately.
OSHA Assistant Secretary Gains Broad Authority
The Assistant Secretary for Occupational Safety and Health is now delegated authority to administer safety, health, and whistleblower programs and activities under many federal laws, effective immediately (Secretary's Order 7-2025). This delegation covers enforcement, coordination, and program administration nationwide under statutes listed in the Order.
Agricultural Field Sanitation Authority Carved Out
The Assistant Secretary does not have authority to conduct inspections, issue citations, assess penalties, or enforce remedies under the Occupational Safety and Health Act for the field sanitation standard (29 CFR 1928.110) and the temporary labor camps standard (29 CFR 1910.142) for agricultural establishments engaged in "agricultural employment." The Order does preserve Assistant Secretary enforcement responsibility for temporary labor camps related to egg, poultry, or red meat production and post-harvest processing, and preserves State-plan enforcement rights.
Regional Administrators Given FLSA Subpoena Power
Regional Administrators for Occupational Safety and Health are delegated authority to issue subpoenas and conduct investigations under Sections 9 and 11 of the Fair Labor Standards Act (29 U.S.C. 209 and 211) in cases arising under Section 18C of the FLSA (29 U.S.C. 218C). This delegation is effective immediately under Secretary's Order 7-2025.
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