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Fall protection was overwhelmingly ranked at number one, followed by hazard communication, ladders, respiratory protection, control of hazardous energy (lockout/tagout), powered industrial trucks, fall protec- tion training, scaffolding, eye and face protection and machine guarding. These same standards will likely be frequently cited again in 2026. Also in 2026, OSHA will continue its national emphasis programs (NEP) on falls, heat and warehousing. In addition, OSHA has proposed the development of new rules for workplace violence protections and infectious disease preparedness. The falls NEP covers all construction inspections involving work at heights — including ladders, scaffolds and roof- tops — and extends to general industry activities such as utility line work, tree trimming and communication tower maintenance. The heat NEP outlines programmed inspections when the heat index reaches 80°F or higher, or when local heat advi- sories are issued, and requires employers to provide water, rest, shade and accli- matization for workers — essentially the same requirement as the proposed heat standard cited previously. The warehousing NEP targets distri- bution centers, couriers and high-injury retail establishments while focusing on powered industrial vehicles, material handling, walking surfaces, egress and fire protection. The proposed workplace violence rule would require healthcare and social assis- tance employers to develop prevention plans, conduct hazard assessments and maintain incident logs. Additionally, the infectious disease rule would address airborne and contact transmission hazards through compre- hensive infection control programs. OSHA Staffing OSHA staffing in the second Trump administration has experienced signif- icant reductions. Proposed fiscal year 2026 budget cuts, buyouts and attrition will likely continue to reduce OSHA staff, resulting in fewer inspections, a shift toward voluntary compliance over punitive measures and a reduction in regulatory activity. Key details about OSHA staffing and policy under the second Trump term include: Staffing Reductions: The admin- istration has targeted a 12% drop in enforcement staff, with projections that the number of inspectors could fall below 800. Budgetary Pressures: The fiscal 2025 and 2026 budget proposals aimed for substantial cuts, with an 8% reduc- tion in total funding for 2025. Contested Cases Before OSHRC When an OSHA citation is contested, the merits of the citation are litigated before an Occupational Safety and Health Review Commission (OSHRC) administrative law judge. Attorneys for the Department of Labor (solici- tors) prosecute the citation on behalf of OSHA. During the extended government shutdown in late 2025, all OSHRC liti- gation matters were stalled. As a result, a significant backlog in OSHRC cases has developed. Additionally, the federal government lost a net 6,524 licensed attorneys between Trump’s inaugura- tion and November 2025. All federal agencies are impacted by the increased burden from this decrease, including DOL solicitors. These pressures create an environ- ment where favorable OSHA citation settlements may become available to employers. Staffing and backlog pres- sures have helped a number of clients resolve pending OSHRC matters on favorable terms, but each case is differ- ent, and OSHA (and the DOL solicitors) will continue to prosecute cases they feel strongly about. Citations issued in situations where no significant injuries or fatalities have occurred are the most likely to be pushed toward settlement by OSHA and its solicitors. It’s unclear how long these pressures will last, and when they ease, favorable settlements for employers will be harder to come by. Multi-Employer Citations It’s hard to believe that only seven years ago, multi-employer citations were new to Texas. Since the Acosta v. Hensel Phelps Construction Co., 909 F.3d 723 (5th Cir. 2018) decision, though, all OSHA areas in Texas now regularly issue multi-em- ployer citations to numerous contractors on construction jobsites. It’s important to note that not all incidents on a construction jobsite will result in multi-employer citations. How- ever, OSHA can issue citations to an employer that creates a hazard, has an employee exposed to a hazard or is obli- gated to correct a hazard. Citations can also be issued to controlling employers, generally upstream contractors that oversee safety for the worksite. The Associated General Contractors – Houston Chapter hosts seminars on OSHA enforcement and other relevant topics. Members may contact the orga- nization or visit AGChouston.org to learn more. Multi-employer citations are now a routine part of OSHA enforcement on Texas jobsites.
