As the Federal Government shutdown enters its third week, contractors should continue to expect a reduced presence from OSHA.  According to the Department of Labor’s Plan for the Continuation of Limited Activities During a Lapse in Appropriations, dated October 10, the agency will reduce staff from 1,664 to 460.  However, OSHA will continue to respond to workplace emergencies that pose a significant threat to the safety of life or property.

More specifically, OSHA will conduct inspections for imminent danger situations, investigate workplace fatalities, investigate safety and whistleblower complaints, conduct follow-up inspections of employers with high gravity serious violations and no abatement, and any enforcement activities on open cases needed to meet the six month deadlines in cases that have established employees are potentially exposed to hazardous conditions that present a high risk of death or serious physical harm with the potential to cause death.

Otherwise, OSHA will be unable to engage in enforcement activities other than the activities described above. For example, the agency will not be able to carry out any programmed inspections. Additionally, OSHA will suspend all activities in the following areas:

• Compliance assistance
• Outreach programs
• Training classes
• Technical assistance
• Rulemaking, including deregulation efforts
• Whistleblower protection activities not described above
• Financial and other administrative efforts
• The shutdown will also impact OSHA’s efforts to collect injury and illness data through the
• Injury Tracking Application (ITA).

AGC will continue to monitor and report on any new developments as it relates to the operational status of OSHA during the shutdown.

Contact Kevin Cannon at kevin.cannon@agc.org for more information.