[Bonus Webinar] Navigating OSHA and MSHA During a Federal Government Shutdown

On Thursday, October 16, 2025, at 1 pm ET, join Eric J. Conn and Nicholas W. Scala for a webinar about Navigating OSHA and MSHA During a Federal Government Shutdown.

With the federal government now shut down, the Department of Labor (DOL) has activated its contingency plan, significantly curtailing operations across OSHA and MSHA until Congress appropriates new funding. But what does that mean for employers? Continue reading

OSHA and MSHA Leadership Takes Shape with Confirmation of Trump Nominees

By Eric J. Conn, Aaron R. Gelb, Nicholas W. Scala, and Emily Toler Scott

On Friday, October 3, almost eight months after President Trump announced their nominations, the Senate confirmed David Keeling (OSHA) and Wayne Palmer (MSHA) to lead their respective agencies, along with other key appointees for roles that will shape the Trump administration’s enforcement priorities and its regulatory (deregulatory) agenda.

Following their February nominations, Messrs. Keeling and Palmer were advanced out of the Senate Committee on Health, Education, Labor and Pensions after a public hearing for Keeling in June and without a hearing for Palmer in May. Their nominations stalled, however, in the full Senate as Senate rules required 60 votes to confirm Cabinet-level nominees, and without support from Democratic Senators, they could not advance. That changed on October 3, when the Senate exercised the “nuclear option” to allow for confirmation of Cabinet-level nominees with a simple majority vote. (A few weeks earlier, on September 19, the Senate used the “nuclear option” to confirm 48 sub-Cabinet level appointees.) After the rule change, the Senate advanced 108 nominees, including several key workplace safety and health positions:

    • David Keeling – Assistant Secretary of Labor for OSHA
    • Wayne Palmer – Assistant Secretary of Labor for MSHA
    • Jonathan Berry – Solicitor of Labor
    • Jonathan Snare – Commissioner of the Occupational Safety and Health Review Commission (OSHRC)
    • Marco Rajkovich, Jr. – Commissioner of the Federal Mine Safety and Health Review Commission (FMSHRC)

The final confirmation vote was held on October 6.

Here’s what we know about the newly confirmed leaders of the nation’s top workplace safety agencies, and the less visible but significant roles the other appointees will play as they assume office. Continue reading

Navigating OSHA and MSHA Operations During the Federal Shutdown

By Eric J. Conn, Nicholas W. Scala, and Hema Steele

With the federal government now shut down, the Department of Labor (DOL) has invoked its shutdown contingency plan that will remain in effect until Congress appropriates funding.  Shutdowns occur because the Antideficiency Act prohibits federal agencies from operating without appropriations unless they are addressing emergencies involving human life or property.

The following summarizes key implications for employers facing OSHA and MSHA matters.

OSHA

Operations

OSHA will furlough 1,204 of its 1,664 employees, retaining only those essential for emergency and statutory enforcement and to assist orderly shutdown activities. The agency will continue the following enforcement activities: Continue reading