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Shutdown’s Second Week: OSHA Limits Enforcement as DOL Visa Portals Go Dark

Employers must meet reporting and contest timelines despite curtailed enforcement across labor agencies.

Overview

  • OSHA has furloughed 1,204 of 1,664 employees and is focusing on imminent danger, fatalities, serious complaints, and limited follow‑ups while new programmed inspections are paused.
  • Statutory obligations remain in force, including the six‑month window for OSHA to issue citations, the 15 working days to file a Notice of Contest, and the 8‑hour/24‑hour reporting rules for fatalities and severe injuries.
  • OSHA’s adjudicatory body (OSHRC) is closed, delaying hearings and settlements, while state‑plan OSHA programs continue routine enforcement.
  • DOL’s foreign‑labor systems (FLAG, PERM, LCAs, prevailing wage) are offline, stalling H‑1B, H‑2A, H‑2B and PERM filings, as USCIS continues fee‑funded adjudications with E‑Verify unavailable and remote I‑9 review permitted.
  • EEOC operations are largely paused though statutory filing deadlines still apply, NLRB has tolled filing deadlines and postponed hearings and elections, and federal courts expect to operate through at least October 17 using reserve funds.