- with readers working within the Oil & Gas industries
The federal government is currently in a race against the clock. Unless lawmakers agree to a spending plan before midnight (ET) on Tuesday, September 30, federal appropriations will expire causing much of the federal government, including the Occupational Safety and Health Administration (OSHA), to shut down. Although OSHA will cease most operations during the shutdown, some inspection activity deemed "essential" by the Agency will continue under limited circumstances.
In preparation for a government shutdown, the Department of Labor (DOL) developed a contingency plan (dated September 26, 2025) outlining the DOL's plan for operating in the event of a lapse in appropriations. This plan specifies the "essential" functions of OSHA that will be maintained during a shutdown, which include:
- Inspection of imminent danger situations;
- Inspection of workplace fatalities and catastrophes;
- Review of whistleblower complaints and subsequent referrals to an appropriate agency of any complaint that identifies a workplace or public safety and/or health condition that poses, or if not referred or acted upon, is reasonably likely to pose, an imminent threat to the safety of human life or the protection of property;
- Follow-up inspections of establishments with high-gravity, serious violations and no abatement; and
- Enforcement 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.
All other non-essential operations including ongoing rulemaking activities, cooperative programs, and other OSHA agency functions will cease for the duration of the shutdown. In addition, unless an OSHA employee is deemed "essential" by the Agency to perform the functions noted above, they are prohibited from performing any government-related work or utilizing government systems or equipment.1 Moreover, the Federal Occupational Safety and Health Review Commission will cease all operations during the shutdown.
The impact of a federal government shutdown could be substantial for those employers navigating a federal OSHA enforcement action or involved in litigation. 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.
Littler will continue to provide updates. Our broad overview summary is available here and our immigration-related summary is here.
Footnote
1. For reference, the contingency plan deems only about 25% of OSHA’s workforce as “essential.”
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
