The federal government shutdown went into effect October 1, 2025. The Department of Labor developed a shutdown contingency plan, published on September 26, 2025, which is now under effect. This plan is detailed on their website. What does this mean for federal agencies like OSHA?

If you go to the DOL website, you will see this notice at the top of the page:

“Lapse in Appropriations: For workplace safety and health, please call 800-321-6742; for mine safety and health, please call 800-746-1153; for Job Corps, please call 800-733-5627 and for Wage and Hour, please call 1-866-487-9243 (1 866-4-US-WAGE).  This website is currently not being updated due to the suspension of Federal government services. The last update to the site was 10/1/2025.  Updates to the site will start again when the Federal government resumes operations.”

What happens with OSHA?

In the contingency plan, the DOL says OSHA will furlough 1,204 of its 1,664 employees. The following will continue:

• Inspecting imminent danger situations
• Investigating workplace fatalities and catastrophes and complaints that establish employees may be exposed to hazardous conditions presenting a high risk of death or serious physical harm
• Conducting follow-up inspections for high-gravity serious violations and no abatement
• Reviewing and referring whistleblower complaints involving imminent threats to life or property and requiring an immediate response
• Conducting activities on open cases needed to meet the Agency’s six-month statutory deadline to issue citations where those cases establish employees are potentially exposed to hazardous conditions that present a high risk of death or serious physical harm

OSHA will pause the following:

• Programmed inspections
• Compliance assistance and outreach
• Training and technical support
• Rulemaking and deregulatory efforts
• Non-emergency whistleblower investigations

The impact of a federal government shutdown could be substantial for those navigating a federal OSHA enforcement action or involved in litigation, says Peter Vassalo, senior counsel at Littler, a Washington, D.C.-based law firm. Vassalo had a long career with the DOL and is familiar with federal operations.

“While contest and abatement deadlines will continue during the shutdown (even though OSHA personnel may not be present), employers likely will not be able to engage with OSHA via an informal conference or otherwise during the shutdown. Further, there will likely be delays and continuances in hearings, settlements, decisions, and mediations until the shutdown can be resolved. Because some OSHA inspection activity will continue during the shutdown that may result in the issuance of citations, employers should continue to work with experienced counsel on any issues that may arise from any ongoing OSHA operation,” Vassalo said.

The risk is real

David Bernstein, MPA, CBCP, CEM, CHEP, CHPCP, BSI Principal Consultant who specializes in business continuity and emergency response, said, “For companies managing hazardous materials, worker safety, and environmental permits, the risk is real. Delayed inspections, slowed permitting, and reduced oversight do not reduce responsibility but rather increase uncertainty.”

He added: “There are fewer regulatory and compliance safety nets are in place. EPA permit reviews paused, and OSHA inspections could be delayed, organizations must be prepared to self-identify issues such as heat stress exposure, chemical storage risks, or wastewater discharges. A shutdown should be treated as a stress test of your internal monitoring and response systems to ensure EHS performance doesn’t slip when oversight is limited.”

Occupational Safety Committee Statement

A group calling themselves the Occupational Safety Committee released a statement on the shutdown. The group is made up of these organizations: Association for Biosafety and Biosecurity (ABSA International); American Industrial Hygiene Association (AIHA); American Society of Safety Professionals (ASSP); Human Factors and Ergonomics Society (HFES); Institute of Hazardous Materials Management (IHMM); International Safety Equipment Association (ISEA); and National Safety Council (NSC).

The statement said:

“The safety of America’s workers depends on a government that is transparent and functioning effectively. Agencies such as OSHA, NIOSH, and MSHA play a crucial role in protecting American workers on the job every day… When the government shuts down, this essential work comes to a halt—and workers face increased risks as a result.”

“The White House and Congress will always have important debates about budgets and priorities. These debates should happen in good faith, but not at the expense of workers’ lives and livelihoods. Shutting down the government does not make workplaces safer. Instead, it leaves oil field “roughnecks”, construction crews, nurses, and countless other essential workers without the protections they need and deserve.

Americans expect their government to protect them on the job, and that responsibility doesn’t stop when negotiations get tough. Keeping OSHA, MSHA, NIOSH, and other workplace safety agencies fully operational is the responsible choice, recognizing the importance of workers, their families, and the strength of our nation’s economy.”