Capital Eyes

A New Administration and What It Means for Environmental and Safety Regulations

The election is now over, and the official transition began to a new administration starting on January 20, 2021. Here are some actions we expect to see in the first year of the new administration.

Workers’ Protection Former labor officials say they believe that the new administration will push to revamp the Occupational Safety and Health Administration (OSHA). The administration indicated that they want to increase enforcement surrounding coronavirus protocols. The new president could take action immediately at OSHA by ramping up inspections, filling vacancies, and creating safety standards that workplaces would be required to follow during the pandemic.

Chief among the potential standards would be the creation of an emergency temporary standard and set of rules that workplaces would have to adhere to on such things as social distancing, hand-washing breaks, communication during outbreaks, and ventilation. Failure to adhere to these standards during inspections could result in penalties from OSHA. Public plans have also called for OSHA to institute an emergency temporary standard for frontline workers and to step up enforcement by doubling the number of inspectors.

There are also calls for the agency to review its whistleblowing program, which is meant to protect workers from retaliation for complaining about unsafe or unhealthful conditions at work. Environmental Violations Over the next four years, the administration is expected to take a different tack on addressing environmental violations. In recent years, the number of environmental cases the Department of Justice pursued dropped. Even without pursuing new cases, the new administration could send strong signals to the regulated community simply by making clear its intent to be tougher on polluters.

There is likely going to be more of a focus of self-evaluation audits and self-disclosures. These tools allow companies to analyze their own activities and report violations on a voluntary basis, thus allowing them to avoid heavy civil penalties.

The new administration has also laid out lofty goals for how the Justice Department would address pollution that affects low-income neighborhoods and communities of color. The new administration has indicated it would establish an Environmental and Climate Justice Division at the department. Among other things, this division would increase enforcement, address legacy pollution, and work in partnership with EPA’s Office of Civil Rights.

The new administration will also likely scrutinize approvals in light of social justice concerns when granting permits, licenses, and other approvals across the range of federal environmental statutes.

Janet Kopenhaver is president of Eye on Washington and serves as the AWT Washington representative. She can be reached at (703) 528-6674 or janetk@eyeonwashington.com.