After several years of heightened enforcement and regulatory expansion, the Occupational Safety and Health Administration (OSHA) is entering another period of transition – one that could reshape how grain handling facilities comply and coordinate with federal oversight in the years ahead.
For organizations across the grain and feed supply chain, the message is clear: While enforcement priorities and inspection levels may fluctuate, the importance of maintaining strong safety programs remains unchanged. The regulatory environment may be evolving, but the risks associated with grain handling operations – and the expectations for protecting workers – remain constant.
Insights shared during recent industry discussions provide a timely look at where OSHA is headed and what it means for grain companies navigating an increasingly complex regulatory landscape.
A changing enforcement environment
OSHA’s approach has shifted significantly over the past decade. Under the Biden administration, the agency emphasized aggressive enforcement, expanded rulemaking and increased staffing. Inspections rose to some of the highest levels in years, penalties increased, and OSHA made broader use of tools such as the General Duty Clause to address workplace hazards. The agency also placed a stronger emphasis on public accountability, often issuing press releases highlighting enforcement actions.
Now, early indicators suggest a pivot.
The current administration is signaling a more restrained approach, one that includes potential staffing reductions, fewer inspections, and a renewed focus on regulatory efficiency and employer cooperation. Federal OSHA staffing levels have already begun to decline, with fewer inspectors available to conduct workplace inspections. That reduction is expected to continue, which will likely translate into fewer overall inspections nationwide.
Budget proposals reinforce this trend. Proposed funding levels for OSHA reflect cuts to enforcement resources and staffing, with projections showing a notable decline in the number of inspections conducted annually.
For grain companies, fewer inspections may sound like a welcome development. However, the reality is more nuanced. Inspections may be less frequent, but they are increasingly targeted, focusing on higher-risk operations and industries. When inspections occur, they often result in citations, many of which are classified as serious or worse.
NGFA is committed to continue working with OSHA on outreach and education programs through its Alliance Program. Last year, NGFA renewed the joint NGFA-Grain Elevator and Processing Society (GEAPS)–Grain Handling Safety Council Alliance with OSHA as an ambassador. NGFA signed the original alliance in 2017, and GEAPS and the Grain Handling Safety Council joined in 2020. Ambassador status reflects OSHA’s recognition that an alliance participant has built and will continue to maintain a productive cooperative relationship with the agency.
OSHA is also focusing on compliance outreach initiatives through OSHA Cares and the Safety Champions Program. The OSHA Cares webpage collects resources and information on how the agency can support businesses, especially small and medium-sized ones that may face unique challenges related to occupational health and safety. The agency’s new Safety Champions Program provides participants with assistance in developing and implementing an effective safety and health program.
OSHA also introduced a redesigned workplace safety poster with a new message and tone. The poster replaces what many people know as OSHA’s “It’s the Law” poster – the one required to be displayed in workplaces across the country.
Core hazards remain a priority
Even as the broader enforcement landscape evolves, OSHA continues to focus on key workplace hazards that are highly relevant to grain handling operations.
Heat-related illness remains a top priority. OSHA has updated its National Emphasis Program (NEP) to better target industries and workplaces where heat-related risks are most significant. While certain industry classifications have been adjusted, many grain handling operations – particularly those tied to storage and warehousing – remain within the scope of the program.
In addition to heat, OSHA’s most frequently cited standards continue to include fall protection, hazard communication, lockout/tagout and machine guarding. These are familiar areas for grain companies and remain critical components of any effective safety program.
Rolling stock fall protection: a significant shift
One of the most important developments for the grain industry involves OSHA’s authority over rolling stock operations, particularly railcar loading and fall protection.
Recent court decisions have clarified and, in some cases, limited OSHA’s jurisdiction over work performed on or around railcars. NGFA is working with OSHA to develop guidance documents to clarify the impact of the court decisions on existing letters of interpretation, specifically the “1996 Miles Memo,” which requires fall protection on rail cars and trucks only if it is “adjacent” to the loading area and fall protection is “feasible.”
However, it is important to emphasize what this does – and does not – mean.
While OSHA’s authority may be limited in certain situations, the safety risks associated with railcar loading have not changed. Employees working on top of railcars face inherent fall hazards, and those risks must still be managed through practical, effective safety measures.
Employers should continue to implement strong safety practices, including:
- Comprehensive employee training
- Use of administrative controls, such as safe work procedures and weather-related restrictions
- Clear communication and coordination during loading operations
- The bottom line is that while regulatory oversight may be evolving, operational responsibility remains firmly with the employer.
Regulatory relief … and uncertainty
Alongside changes in enforcement, OSHA is also reviewing and potentially rolling back several regulations.
One notable example is the agency’s consideration of revisions to the walking-working surfaces standard. OSHA is evaluating whether to allow continued use of ladder cages and wells on fixed ladders over 24 feet, rather than requiring personal fall arrest systems by a set deadline. For many grain facilities, this represents a potential reduction in compliance costs and increased flexibility in managing equipment over its lifecycle.
OSHA is also evaluating changes to COVID-19 reporting requirements and other recordkeeping provisions, as well as broader efforts to eliminate regulations deemed outdated or overly burdensome.
These efforts are part of a wider federal initiative to identify and remove regulations that may impose unnecessary costs on businesses. For the grain industry, this presents an important opportunity to engage in the rulemaking process and advocate for practical, risk-based approaches to safety regulation.
Fewer inspections … but higher stakes
Inspection trends reflect the broader shift underway. While OSHA inspections reached a decade high in fiscal year 2024, early data from 2025 indicate a decline in inspection activity, driven in part by reduced staffing levels.
Despite this decline, enforcement outcomes remain significant. A majority of inspections result in citations, and a large percentage of those citations are classified as serious or worse. This means that while companies may see fewer inspections overall, the consequences of non-compliance remain substantial.
Adding to the risk, OSHA penalties continue to rise. Maximum fines for serious violations now exceed $16,500 per violation, while willful or repeat violations can exceed $165,000. These increases significantly raise the financial stakes for companies, particularly those operating multiple facilities.
What it means for grain companies
So, what should grain companies take away from all of this?
The fundamentals of safety management have not changed. Regardless of shifts in enforcement priorities or regulatory activity, the most effective strategy remains maintaining a strong, proactive safety program.
That includes:
- Focusing on high-risk areas such as grain bin entry, fall protection and lockout/tagout
- Continuing to address hazards associated with railcar loading and working at height
- Ensuring employees are properly trained and procedures are consistently followed
- Monitoring regulatory developments and engaging in the rulemaking process where appropriate
- Preparing for inspections, even if they occur less frequently
In sum, organizations should view changes in OSHA’s approach not as a relaxation of expectations, but as a shift in how those expectations are enforced.
Looking ahead
The grain handling industry is no stranger to regulatory change, and this moment is no exception. A potential reduction in enforcement activity may provide some operational flexibility, but it also places greater responsibility on companies to manage risk internally.
For those who remain focused on safety, training and continuous improvement, the path forward is clear.
In the end, strong safety programs are not just about compliance. Rather, they are essential to protecting employees, maintaining operational continuity and supporting the business's long-term success.
As OSHA’s approach continues to evolve, one principle remains constant: a safe workplace is a productive and resilient workplace.
