
The closure of the federal government continues most OSHA operations and leads to enforcement and legal disputes
The return of federal financing on October 1 has closed most OSHA activities that delayed enforcement measures and legal proceedings and at the same time restricted business activities to direct dangers, deaths and other critical functions.
When the clock met on October 1, 2025 at midnight, a large part of the Federal Government, including the Labor Department of Labor (DOL,), corresponded to the shutdown of all “non -essential” operations. Although surgery can not be classified as significantly, such operations play a decisive role in the overall company of federal authorities with DOL such as the occupational safety authority (OSHA). As a result, the effects of a closure of the Federal Government for Employers who navigate in an OSHA enforcement measure will be significant or involved in legal disputes in connection with Osha. Note that the state security and health authorities of the state that work as part of a state plan recognized by OSHA will continue to operate normally because they are subject to different financing flows.
While legally prescribed competitive and reduction periods are continued during the switch -off in the states (even if the OSHA personnel may not be present), employers cannot be able to deal with OSHA because their staff is no longer able to do government work, including access to government information, unless the matter includes the matter, other than an activity Activity includes. In addition, the fight against Osha, the Osha Commission for Security and Health Check (OSHRC), is closed due to a financial loss. Therefore, delays and continuations will take place in hearings, settlements, decisions and mediations until the shutdown can be solved.
DOL is currently working as part of an emergency plan (Dol-CongingCy-Plan.pdf), which indicate the “essential” functions of Osha that are maintained during production. The plan limits the OSHA enforcement to the following activities:
- Inspection of the immediate dangerous situations;
- Inspection of deaths and disasters at work;
- Review of Whistleblower complaints and subsequent transfers to a suitable authority about a complaint that identifies a job or public security and/or a state of health that affect the safety of human life or protection of property or protection or protection of property or protection or protection of property is an appropriate probability.
- Follow-up inspections of facilities with high difficulty, serious violations and without scanning; And
- Enforcement activities in open cases that are necessary to comply with the six -month statutory period of the agency to issue quotes in which the employees may be subjected to dangerous conditions that represent a high risk of deaths or serious physical damage.
All other non-essential operations, including continuous activities for regulation, cooperative programs and other functions of the OSHA agency, are set for the duration of the production.
However, note that the OSHA staff can only react to the specific situations that are stated in the emergency plan, the agency can continue to monitor all formal symptoms or external transfers that could describe the conditions in the workplace that can imply the emergency plan. Although a complaint or transfer may not increase to one of the specified categories, the OSHA can track such notifications after the end of the shutdown. It is therefore important to continue compliance with all applicable OSHA standards for your workplace (s), since shutdown limits the OSHA operations that do not relieve the obligation to comply with the law.
About the author
Peter Vassalo is a senior lawyer in the group of Littler's professional security and health practice, in which he advises employers in all aspects of the compliance of OSHA and navigates Osha complaints and inspections and subsequent OSHA quotes. Before he came to Littler, Peter worked as a lawyer for special legal disputes for special legal disputes in the lawyer of the U.S. Department of Labor (DOL) office in the lawyer's office (DOL), where he played a crucial role in the design of the security of professional security and the health prosecution of the federal government.