FedEx Safety VP Mugno Nominated to Lead OSHA

Author: Robert S. Teachout, XpertHR Legal Editor

November 2, 2017

Scott Mugno, a vice president in charge of safety at FedEx Ground, has been nominated to lead the Occupational Safety and Health Administration (OSHA). In nominating Mugno as Assistant Secretary of Labor for Occupational Safety and Health, President Trump continues a pattern of appointing federal agency heads who are willing to scale back regulations.

Mugno has suggested that OSHA regulations should have sunset provisions requiring them to expire unless they are reviewed and renewed. "We've got to free OSHA from its own statutory and regulatory handcuffs," he is reported to have said in 2006.

Such an approach would fit with Trump administration efforts to roll back regulations, as it did with the OSHA regulation that extended the statute of limitations for recordkeeping violations. That rule was issued near the end of the Obama administration, along with requirements for electronic report filing. Agency reporting and recordkeeping requirements often can be a compliance challenge for employers.

Despite the White House focus on reducing regulations, Jordan Barab, deputy assistant secretary of OSHA during the Obama administration, thinks Mugno will primarily change the agency's focus from enforcement to helping employers comply with the rules and law. Mugno is "most likely a typical Republican pick who will want to shift the balance from a strong enforcement program to a larger compliance assistance program, but won't try to dismantle the agency," Barab said on his blog.

The White House highlighted Mugno's work at FedEx in his current position and previous role as the managing director for corporate safety, health and fire prevention. "His responsibilities in both those positions included developing, promoting and facilitating the safety and health program and culture," the announcement stated.

Mungo has been credited with much of FedEx's safety record success and is active in the safety industry. He currently serves as chairman of the American Transportation Research Institute's Research Advisory Committee. In addition, he serves on several safety and labor committees for American Trucking Associations.