What Really Happens to OSHA During a Government Shutdown?

Show Notes

When the federal government shuts down, what actually happens to OSHA? Do inspections stop? Are citations paused? Is enforcement put on hold?

In this episode of the Safety Consultant Podcast, Sheldon Primus breaks down what a government shutdown really means for OSHA, employers, and safety professionals. Using the Department of Labor’s official contingency framework as a guide, Sheldon explains which OSHA functions continue, which ones pause, and how businesses should prepare for both the shutdown period and the surge of activity that often follows reopening.

You’ll learn why a shutdown does not mean a free pass on compliance—and why relying on enforcement pressure instead of building a strong safety culture can put your organization at risk.

In This Episode, You’ll Discover:

• How government shutdowns affect Department of Labor agencies
• What percentage of OSHA staff are furloughed during a lapse in funding
• Which inspections still happen (imminent danger, fatalities, catastrophes)
• What enforcement and compliance activities are suspended
• Why injury reporting requirements never stop
• How the six-month statute of limitations still impacts citations
• Smart steps safety professionals should take during a shutdown
• Why OSHA activity often increases after funding resumes

Whether you’re a safety manager, business owner, municipal leader, or consultant, this episode gives you a strategic roadmap for navigating uncertainty while staying compliant and protecting your workforce.

Because even when the government shuts down…

Your responsibility under the OSH Act does not.

What is The Safety Consultant Podcast?

The Safety Consultant Podcast with Sheldon Primus is your ultimate weekly guide to starting or growing a profitable occupational safety and health consulting business. Are you ready to be your own boss and make a greater impact? Your expertise can help more people create safer workplaces, and your skills deserve a platform where they can truly shine. If you feel limited in your current role and believe your knowledge could serve the broader workforce more effectively, this podcast is for you. Join us as we explore the steps to launch your own safety consulting business, share insights on navigating the industry, and provide strategies to maximize your impact on workplace health and safety. Now is the perfect time to take control of your career and make a difference!

[SPEAKER_02]: Welcome to the Safety Consultant Podcast, I'm your host Sheldon Primus.

[SPEAKER_02]: It's the podcast where I teach you the business of being a safety consultant.

[SPEAKER_02]: Teach you guys, but push your compliance.

[SPEAKER_02]: Teach you about how to hold on to stuff.

[SPEAKER_02]: And I learned from you as well.

[SPEAKER_02]: I learned from our Greek guests that we have often times time.

[SPEAKER_02]: And today, though, what we're going to talk about is the government shutdown stuff.

[SPEAKER_02]: Right now, the government is not partial.

[SPEAKER_02]: It's about to be partially shut down.

[SPEAKER_02]: I don't know if that's going to include appropriations for OSHA or not, but in the past,

[SPEAKER_02]: We've already had a couple of them, so let's take a look at what does a federal shutdown mean when it comes to appropriations for funds for OSHA to run and this is going to be regarding the U.S. OSHAs of those of you that are international, I do not want to make you feel like it will care about your regulatory situation, but this one is going to be focused for the U.S. market with the OSHA, however,

[SPEAKER_02]: I'm sure some of you are going to really feel like you got to get a grip of this, especially for your own spend business into the US.

[SPEAKER_02]: So this is what's happening during a federal government shutdown, does OSHA stop inspecting, do the citation stop, do you get a free pass?

[SPEAKER_02]: Let's talk about what really happens, okay, gang, that's the plan for today, so what's a good hit?

[SPEAKER_02]: And let's get to it.

[SPEAKER_00]: Welcome to the Safety Consultant Show with Sheldon primus, where we blend safety sparks with business brilliance and the pitch of Sheldon's signature wit, whether you're a safety pro of fresh face consultant, or just safety curious, get ready for a show that will educate, entertain and elevate your safety game.

[SPEAKER_00]: Let's dive into the art of consulting with your safety shirt for himself, Sheldon primus.

[SPEAKER_01]: This episode is powered by Safety FM.

[SPEAKER_02]: Where are you?

[SPEAKER_02]: And so thank you, welcome back, everybody.

[SPEAKER_02]: Just excited to be here.

[SPEAKER_02]: Time of recording is going to be February 16th, 2026.

[SPEAKER_02]: And I'm just going to tell you guys that I actually expect government shutdown things.

[SPEAKER_02]: It's just happened a little bit more and more frequently.

[SPEAKER_02]: In the next three years, it just seems like we're trending that way.

[SPEAKER_02]: And I'd rather let you guys get prepared for it.

[SPEAKER_02]: So when it comes, there's certain things you could do for your own business as something as you could do for your company.

[SPEAKER_02]: And then also just answer some basic questions.

[SPEAKER_02]: I've never worked for OSHA.

[SPEAKER_02]: There were a lot of people think I have OSHA adjacent.

[SPEAKER_02]: I'm a good consultant.

[SPEAKER_02]: But I have many friends that have either worked for the agency in the federal agency or state plans.

[SPEAKER_02]: Or I've actually interviewed some people who have been at some of the highest levels in OSHA.

[SPEAKER_02]: So you can go back and look at the Jordan Barab episode.

[SPEAKER_02]: He was second in charge of OSHA during the Obama administration.

[SPEAKER_02]: There's a lot, just, I know the thing too, if that was ya.

[SPEAKER_02]: So what I'm gonna do is just break down the appropriations with you guys, and I'm gonna use a document that's coming from the Department of Labor, and this is updated contingency plan for the Department of Labor, so if you went to US Department of Labor, and you

[SPEAKER_02]: look for planned for contingency for limited activities during a lapse in appropriations.

[SPEAKER_02]: This is dated January 30th, 2026, so it's hot off the press.

[SPEAKER_02]: So you'll see that document there.

[SPEAKER_02]: So it's a contingency plan document.

[SPEAKER_02]: I'm going to grab that.

[SPEAKER_02]: I'm also going to look at an article here.

[SPEAKER_02]: that we had from October 9th, 2025 from J.D.

[SPEAKER_02]: Supra, this is for our lawyers and specifically the article I'm dealing with is labor and employment and site law.

[SPEAKER_02]: So these are the context I should say, the context that I'm going to be looking at.

[SPEAKER_02]: And then also just dealing with some friends I know and what they've told me about it.

[SPEAKER_02]: So,

[SPEAKER_02]: Let's just break down what happens with a government shutdown.

[SPEAKER_02]: So, first and foremost, Congress would not have passed funding for the agency.

[SPEAKER_02]: So, without any funding for the agency, the agency will then have to just go to essentials.

[SPEAKER_02]: So, that's what they're going to be looking for is essentials and essentials is going to be covered by the employees that are considered essentials, not all employees.

[SPEAKER_02]: So, what will happen is the agency will basically furlough or will, not basically, they will furlough except the essential people.

[SPEAKER_02]: So, if you're not essential, you're going home.

[SPEAKER_02]: And the furlough means that you're going to be home during a time period that the government shut down, but then when you come back, you will get your full pay.

[SPEAKER_02]: It's kind of like a paid vacation, if you would, and I've actually had someone a good friend of mine who has been an area director or assistant area director, I'm going to certain all of this, and the assistant and the area directors, they're going to be considered essential, so they're going to cover all the essential functions of the government, of their area,

[SPEAKER_02]: So they're going to be overworked.

[SPEAKER_02]: They're going to probably be a little cranky, you know, probably going to be a little resentful of that their buddies and co-workers are having a paid vacation while they are literally holding down the fort.

[SPEAKER_02]: So there's a little, you know, employee nuance without one.

[SPEAKER_02]: But according to this DOL plan Department of Labor Plan of January 30th, 2026 the total DOL employees, the Department of Labor employees before the lapse for appropriation.

[SPEAKER_02]: So when I say the lapse, that's what I mean, funding.

[SPEAKER_02]: 12,916 and then after when there is active shutdown there is only 3,404 so that means about 9500 plus employees were furloughed during this time period.

[SPEAKER_02]: So, when you're thinking about the scale of how many people are left, you know, there's going to be 3,000, 3,400 people left to do the job of 12,000 people.

[SPEAKER_02]: That's where the stress comes in, you know?

[SPEAKER_02]: I wouldn't want to have to do that.

[SPEAKER_02]: You wouldn't want to have to do that, but that's something that that just happens.

[SPEAKER_02]: So during this time period, you as the subject matter expert for your organization, you as the consultant, here's your chance to truly shine.

[SPEAKER_02]: Here's your opportunity to just be available to help out those situations when

[SPEAKER_02]: OSHA is kind of not there, and now you are going to be that trusted source, so that's the key.

[SPEAKER_02]: We're going to kind of think of that one through.

[SPEAKER_02]: So, staffing goes down for OSHA, again this is coming from the same document, total ocean employees, before the labs were 1600, now full time during the labs when everyone's gone it's 460, so 1200 furloughed, so 72% of OSHA staff were furloughed during that time period, so that's really big.

[SPEAKER_02]: So there's only some activities that are going to be allowed.

[SPEAKER_02]: And those emergency activities are going to be related to things that are going to be human, just a safety for human life.

[SPEAKER_02]: and protection of property.

[SPEAKER_02]: So, imminent danger inspections will continue catastrophe and fatality inspections will continue serious injury reports.

[SPEAKER_02]: They'll follow up on that.

[SPEAKER_02]: High risk hazard complaints are going to be something that will be followed up on.

[SPEAKER_02]: Inspections of serious violations that have no abatement that's going to be followed up on during this time period.

[SPEAKER_02]: Now, so there's a lot that's going to still be followed up.

[SPEAKER_02]: Certain enforcement activities tied to statutory deadlines.

[SPEAKER_02]: They will keep working on that.

[SPEAKER_02]: And then they will review whistleblower complaints involving some sort of imminent danger thing.

[SPEAKER_02]: So again, those are the things that you will expect for you to see OSHA still involved in.

[SPEAKER_02]: So they don't disappear.

[SPEAKER_02]: They're just going to respond to life-threatening things.

[SPEAKER_02]: That's going to be the mentality there for the department.

[SPEAKER_02]: So what it will be suspended during the shutdown is going to be a few things.

[SPEAKER_02]: So, you're going to see during the shutdown program inspections are going to be shut down.

[SPEAKER_02]: You're also going to see that the compliance issues, well, let's see, training.

[SPEAKER_02]: Compliance assistance programs, outreach programs, technical assistance, rule making, whistleblower investigations, administrative activities, those things are going to be the things that you're going to see, OSHA is going to pretty much stop doing.

[SPEAKER_02]: They're not going to do those anymore because that's going to be considered non-essential.

[SPEAKER_02]: it's a bunch of it.

[SPEAKER_02]: So during this time period, you can see a lot of things that might just have to be back burner until they get a full staff.

[SPEAKER_02]: But life-saving stuff, you know, your employee complaints or something similar, you're still going to have to do that.

[SPEAKER_02]: Still have to let's not you, but you're still going to have OSHA regulate those things.

[SPEAKER_02]: It's not a free pass, it's still got a report your fatalities, you got a report, any catastrophe said happen and that may prompt an inspection.

[SPEAKER_02]: So that's going to be something serious to think about the imminent danger complaints and workers say feeling like, hey, if you don't take care of this issue, I'm going to get killed or seriously hurt, they're going to follow up on that stuff.

[SPEAKER_02]: Some open cases though may be stalled.

[SPEAKER_02]: That's a serious thing.

[SPEAKER_02]: So you may see some open cases be stalled.

[SPEAKER_02]: You might see some informal conferences get paused.

[SPEAKER_02]: Sightation, they're probably going to have some delays in that.

[SPEAKER_02]: However, the six-month statutation of our statute of limitations, excuse me,

[SPEAKER_02]: That was still applied.

[SPEAKER_02]: So if you didn't know, once O's just sees a violation, they have six months to write it up, if you would, and go ahead and issue a notice of violation and NOV.

[SPEAKER_02]: So

[SPEAKER_02]: That's still a place and I've told my students plenty of times that if OSHA came high they did an inspection and it's been five months and you're at 29 days or 30 days and it's about to be 31 to make it six months you are not calling OSHA any time along that time period to say hey you didn't inspection what's going on what's happening I haven't heard anything back from you just want to check in

[SPEAKER_02]: don't do that.

[SPEAKER_02]: He just hurt me or so.

[SPEAKER_02]: So that six month statual limitation is still has the count down time or going, even though OSHA is not fully funded.

[SPEAKER_02]: So that's something.

[SPEAKER_02]: It doesn't mean you don't address the problem, just means that you're not going to get a citation.

[SPEAKER_02]: So

[SPEAKER_02]: review.

[SPEAKER_02]: You definitely want to keep an eye on any kind of imminent danger, fatality, catastrophe reporting, serious injury reporting, if you're a high risk area, if you want to know what high risk area is to OSHA, consider going to the appendix and sub-part E of your

[SPEAKER_02]: There's appendix there, and that appendix is going to let you guys know a little bit about who is considered a high risk and they do it by North American industry classification system code any ICS.

[SPEAKER_02]: So there's a list of those guys in that appendix and the Subpart E appendix A.

[SPEAKER_02]: Yeah, yeah, so partly 1904, so partly appendix A.

[SPEAKER_02]: Now, look that up.

[SPEAKER_02]: That, that, I'm doing that by memory, so.

[SPEAKER_02]: I believe that's where we're going to look at that.

[SPEAKER_02]: See, anyway.

[SPEAKER_02]: You guys are still going to have to look out, you know, so but now the people who are going to be doing the follow-up are going to be really knowledgeable.

[SPEAKER_02]: So you're going to get more at risk because you're going to get a follow-up from an assistant area director or area director.

[SPEAKER_02]: Now, so then now,

[SPEAKER_02]: the quality of enforcement that is going to come and see you is going to be that much greater because now you are dealing with someone who knows the rules, most of the rags and what to see they get pretty much no when you are trying to pull the wool over their eyes they have been around for a while.

[SPEAKER_02]: So now it's more important for consultants to be involved and more important for you safety officers to guide your company in the way they should be.

[SPEAKER_02]: So that's a nuance.

[SPEAKER_02]: So now here's my coaching moment for you guys.

[SPEAKER_02]: Again, you don't want to relax your efforts, your compliance efforts or anything like this during a shutdown and there's no current shutdown.

[SPEAKER_02]: Well, there's almost a current shutdown as time of this recording, it'll be next week.

[SPEAKER_02]: that Congress is back so it's possible but it's a partial shutdown so you'll see that with TSA and all their agencies.

[SPEAKER_02]: OSHA may be affected I can't really remember in that case but the way that this is going the amount of closeness between shutdowns I'm truly believe that we're gonna be seeing this for at least the next three years so you guys got to be ready all right we can't have our heads in the sand on this one we gotta be prepared

[SPEAKER_02]: So you don't want to cut down on compliance efforts.

[SPEAKER_02]: This is the time to conduct internal audits.

[SPEAKER_02]: If you're consultant, here's the time to go out there.

[SPEAKER_02]: And you're going to talk to your potential clients and say, hey, I give you a compliance mock-ocha audit.

[SPEAKER_02]: So you'll be ready, especially those high hazard industries that you're going to be ready for when OSHA comes back.

[SPEAKER_02]: You're going to do updates and written programs.

[SPEAKER_02]: So again, when OSHA comes back, those clients or yours are going to be ready.

[SPEAKER_02]: You're going to do your training contracts, because again, the mantra, when OSHA comes back, we need to be ready.

[SPEAKER_02]: All the stuff that's going to clean up documentation, and you're going to review things.

[SPEAKER_02]: If there is someone who is in that six month waiting period from when OSHA showed up

[SPEAKER_02]: That's a perfect person to get a hold of.

[SPEAKER_02]: You just go to OSHA.gov.

[SPEAKER_02]: You're going to look at some of the citations.

[SPEAKER_02]: It might be, I was about to say, establishments search.

[SPEAKER_02]: If you know what company, but if you don't, then typically you're going to probably just do a search on the OSHA standard and look for current violations and

[SPEAKER_02]: That just to kind of walk you guys through it like an normally do OSHA.gov You're gonna look for enforcement.

[SPEAKER_02]: Yeah, then you're gonna click that tab to says enforcement.

[SPEAKER_02]: You'll see OSHA enforcement click that tab And then there's gonna give you a good Blevy of different things that you could see with enforcement there What you're gonna be looking for is you want to just Find

[SPEAKER_02]: first national emphasis program, local emphasis programs, then look for a hazard that that is in your area.

[SPEAKER_02]: Grab the keyword from one of those national emphasis programs and local emphasis programs, so let's say you see a national emphasis program on solica.

[SPEAKER_02]: All right, so it's going to be your search and you're going to go back to data and statistics page.

[SPEAKER_02]: And when you get to data statistics, you want to do a data statistic search on inspections and you're going to do that by inspection summaries and once you click on inspection summaries on that page of data statistics, then you're going to look for it.

[SPEAKER_02]: Just freaking my freaking look for current of people who are having citations currently in this year And that's who you're going to target in your area.

[SPEAKER_02]: You can even check it out by region So you're going to target them by LinkedIn or go you'll do a call to their office So that's how you find them all right

[SPEAKER_02]: If you need to hear this again, definitely rewind it and listen to what I just said, stop pause, do the action, then listen again, stop pause, do the action, and then you can follow everything I just said.

[SPEAKER_02]: All right, so now,

[SPEAKER_02]: I just don't know what you know.

[SPEAKER_02]: Again, though OSHA may be not fully staffed and running on a skeleton crew that doesn't mean that your obligation under the OSHA act is gone because that never shuts down.

[SPEAKER_02]: It just means now that you could be a little bit more strategic as to catching up if you find some hazards and you're getting a lot of near-miss reports or whatever

[SPEAKER_02]: Clear that stuff up now before she gets back and make sure that your employees feel like you're doing that because, honestly, the employee part is where your vulnerability is going to be because once OSHA shows up, what will make them show up is those complaints, especially in your high hazard areas, right?

[SPEAKER_02]: There you go.

[SPEAKER_02]: That's what you do when there is an OSHA shutdown for those of you that are not aware.

[SPEAKER_02]: I do have a coaching program that I'm back to start and doing a waiting list.

[SPEAKER_02]: So just keep an eye out on SheldonPrimus.com.

[SPEAKER_02]: That's going to be where I'm going to keep an eye, just because honestly I'm getting close, get close, so SheldonPrimes.com if you're looking for some more information regarding

[SPEAKER_02]: doing some classes or courses or anything like that.

[SPEAKER_02]: Again you could go to shelterprimes.com but go to safetyconsultedblueprint.com and then you could get yourself started with the safety consultant blueprint course.

[SPEAKER_02]: All right so now you guys know what to do or what to expect when OSHA shuts down go get

[SPEAKER_00]: That's a wrap for today's safety show.

[SPEAKER_00]: Remember, safety isn't just about hard hats and caution signs.

[SPEAKER_00]: It's about business smarts too.

[SPEAKER_00]: Thanks for joining us on the Safety Consultant Show with Sheldon primus.

[SPEAKER_00]: Until next time, stay safe, stay savvy, and keep consulting like a boss.

[SPEAKER_00]: Go get him.

[SPEAKER_00]: The views in the opinion you expressed on this podcast or broadcast are those of the host in its guest and not necessarily reflect the official policy or position of the company.

[SPEAKER_00]: Examples of analysis discussed within the past hour only examples.

[SPEAKER_00]: It should not be utilized in the real world as the only solution available, as they are based only on very limited and dated open source information, assumption made within this analysis are not reflective of the positions of the company.

[SPEAKER_00]: No part of this podcast of broadcast may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means mechanical electronic recording or otherwise without prior written permission of the creator of the podcast or broadcast, Sheldon Primes.

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