Amid the U.S. Government Shutdown, Some OSHA Activities Press On

In spite of the ongoing government shut down, the U.S. suddenly has new heads of two of its main occupational safety and health agencies. David Keeling has been confirmed as the Assistant Secretary of Labor in charge of OSHA, and Wayne Palmer has been confirmed as the head of MSHA. These confirmations took place on October 7th, during the heart of the shutdown when many of the agency's employees had already been furloughed. The move is significant and is the direct result of Senate procedural changes that allowed the legislators to confirm a big group of non-cabinet level Presidential nominees en-bloc, or in a single vote, as opposed to having to vote one at a time. Although controversial, this move instantly put Presidential nominees at the helm of many agencies and departments, potentially changing their direction when government employees return.

There has also been much discussion about the current state of OSHA (Occupational Safety and Health Administration) given the shutdown. While a majority of the staff has been furloughed, a small group of Compliance Officers remain to handle things like imminent danger complaints, fatalities, high risk complaints, and abatement follow ups. Of course, none of this changes an employer's legal duties and responsibilities under the federal law known as the OSH Act. It also doesn't currently affect the 21 states, plus Puerto Rico, that operate under state plan agreements where federal OSHA has ceded jurisdiction to the state agencies.

One of the big questions that now lingers is how this will affect the rule making process for things like the heat safety regulations, which still show a deadline for post-hearing comments of October 30th (about 2 weeks away). The answer is not easy. Rule making operations have officially been suspended, but the staff is unable to grant extensions or process any of the comments received. The portal remains open for submittals. It will be interesting to see what the new head of OSHA does with this when the government reopens, and the response will surely depend in part on the length of the closure. Unfortunately, any further delays will likely result in the summer of 2026 arriving without any new regulations or worker protections.

• Read more about the appointments at https://natlawreview.com/article/osha-and-msha-under-new-leadership-anticipating-developments-workplace-safety

• Learn more about the State Plan States at https://www.osha.gov/stateplans/

• Find the current state of the Heat safety regulations at https://www.osha.gov/heat-exposure/rulemaking