What Happens to OSHA Activities During a Federal Government Shutdown?

While this is something we do not encounter often, it is important to understand what activities OSHA will and will not continue during a Federal Government Shutdown. In the Department of Labor Plan, “PLAN FOR THE CONTINUATION OF LIMITED ACTIVITIES DURING A LAPSE IN APPROPRIATIONS” dated October 6, 2025, the U.S. Department of Labor provides the following summary of significant agency activities that will continue during a lapse because they are either financed by a resource other than annual appropriations or they are excepted activities.

Summary of OHSA activities that will continue.

Under the category of “necessary to protect life and property,” the following four activities are listed:

1. Inspection of imminent danger situations under Section 13 of the Occupational Safety and Health Act.
2. Investigation of workplace fatalities and catastrophes.
3. Investigation of safety and health complaints or other information, including Serious Injury Reporting, received from police, fire departments, or other first responders, media sources, or employers establishing that employees are potentially exposed to hazardous conditions that present a high risk of death or serious physical harm, with the potential to cause death.
4. Follow-up inspections of establishments with high gravity serious violations and no abatement.

Under the category of “necessary to perform activities necessarily implied by law,” the following four activities are listed:

1. Review whistleblower complaints received during a shutdown to identify, and promptly refer to the appropriate agency or agencies, 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, thus requiring an immediate response. These referrals should be made to either OSHA’s safety or health enforcement team or to any of the partner agencies that have the authority to investigate the actual safety and/or health concern (e.g., FRA, FMCSA, FTA, FAA, EPA, DOE, NRC).
2. Enforcement activities on open cases needed to meet the agency’s six-month statutory deadlines, where those cases establish employees are potentially exposed to hazardous conditions that present a high risk of death or serious physical harm, with the potential to cause death.
3. Orderly shutdown activities.
4. A minimum number of OSHA employees may be necessary to provide support for emergency operations as noted above. In this manner, OSHA can maintain a force that permits it to respond to emergency situations and continue with the enforcement activities essential to protect workers’ lives from the most severe occupational hazards.

Overview of OSHA activities that will be suspended.

OSHA will not engage in activities outside of those listed under “necessary to protect life and property” or “necessary to perform activities necessarily implied by law.” Some examples of suspended efforts are:

1. 1. Compliance assistance.
   2. Outreach programs.
   3. Training classes.
   4. Technical assistance.
   5. Rulemaking, including deregulation efforts.
   6. Whistleblower protection activities that are not described above.
   7. Financial and other administrative efforts.

 

Common Questions and Answers

Does this mean that your organization will not be subject to an OSHA inspection during a government shutdown?

No, but the likelihood will decrease if you are in a Federal Plan state, especially in the absence of an “Immediately Dangerous to Life and Health” scenario or an employee complaint. One thing that remains constant is enforcement in “State Plan” states. Currently, twenty-nine states cover some combination of the private and public sectors.

Does this mean that your organization will not receive citations during this time?

No, if a deadline is approaching for issuing citations on an open inspection, you should still expect to receive them in a timely manner.

Does this mean that your organization has extra time to schedule an information session or contest a citation once it is issued?

No, all the same deadlines still apply. Even if you are unable to schedule an informal session due to limited staff availability, you may need to contest citations to preserve your rights.

Does this mean that your organization no longer needs to report hospitalizations, amputations, loss of an eye, or fatalities during a government shutdown?

No, the same reporting requirements still apply, and you should anticipate the possibility that an inspection will be forthcoming, even if not as expeditiously as it would during normal operation.

Will the Injury Tracking Application on the website be available during the shutdown?

In the event of a prolonged shutdown, the data collection mechanism, the Injury Tracking Application (ITA), would likely be unsupported.

How many OSHA employees will be working full-time during the shutdown?

Approximately 75% of OSHA’s 1,664 employees will be furloughed during the shutdown, with 460 remaining at full-time status.

As always, priority number one is the safety of your employees.

Whether OSHA inspection activities continue now or in the future. If you are concerned about navigating OSHA reporting requirements or have a citation matter that requires assistance during a Federal Government Shutdown or at any other time, we are here to help you make sure your company follows the necessary steps to maintain compliance and keep your employees safe and healthy. Please contact us with any questions or concerns you may have. We will do our best to support you.