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