Safety-critical DOL activities continuing during government shutdown

In this article:

• What is a government shutdown?
• How to contact DOL agencies during the shutdown
• Which investigations OSHA and MSHA are continuing
• Which payments will continue for worker entitlements
• How many staff have been kept for each agency

If you’ve visited the OSHA, MSHA, or other U.S. Department of Labor (DOL) agency websites since Oct. 1, you’ve been greeted by a message titled “Lapse in Appropriations.”

The DOL and its components have severely reduced operations during the October 2025 U.S. Federal government shutdown. The message clarifies DOL websites will not be updated until the government resumes operations, and lists phone numbers for OSHA, MSHA, Job Corps, and the Wage and Hour division.

But if the government is shut down, who’s actually there to answer the phone?

In anticipation of the shutdown, the DOL published a plan on Sept. 26 to continue limited activities until Congress and President Trump approve the FY26 federal budget. The plan outlines how many employees will be furloughed and how many will be retained to keep essential operations running.

The DOL’s plan states it will continue:

• Protection of life and property in cases of imminent threats to human life
• Investigations in jeopardy of being lost due to statute of limitations
• Providing benefits to workers covered by entitlement programs

What is a government shutdown?

Before the end of each U.S. government fiscal year (Oct. 1 to Sept. 29), Congress must create and approve next year’s budget, then the president must approve and sign the bill into law.

The Antideficiency Act (31 U.S.C. § 1341) prohibits federal agencies from spending money in excess of their appropriations. Without an approved budget, most agencies shut down until a new budget is approved by closing offices and furloughing employees.

Exceptions permit DOL agencies including OSHA and the MSHA to retain safety-essential employees.

How to contact DOL agencies during the shutdown

The “Lapse in Appropriations” message running on DOL websites lists the following contact information:

• OSHA: 800-321-6742
• MSHA: 800-746-1553
• Job Corps: 800-733-5627 
• Wage and Hour Division: 866-487-9243

Investigations continue for fatalities, imminent danger

Worker protection agency investigations will continue under these circumstances:

• Responding to or preventing fatalities, catastrophes, or imminent danger
• Child labor investigations
• Statutory above ground and underground mine investigations
• Targeted mine inspections
• Workplace inspections in other high-hazard industries
• Specific hazards inspections
• Alternatively-funded investigations
• Excepted investigations
•  

Agencies will also “pursue and address legal cases or investigations in jeopardy of being lost due to statute of limitations or as otherwise ordered by the court.” Under the OSH Act, OSHA is bound to uphold a 15-day contestation period and must issue citations within 6 months.

All other worker protection agency investigations have ceased.

In addition, the plan states, “Unless excepted or exempt, agencies’ technical assistance, compliance assistance, regulatory, policy, research, advisories, responding to inquiries, most oversight, hearing preparation, and cooperative activities will cease” during the shutdown.

Payments continue for worker entitlements

The DOL will continue paying benefits “for which funding has not lapsed,” including:

• Black Lung Benefits Act
• Federal Employees Compensation Act
• Energy Employees Occupational Illness Compensation Program Act
• Longshore and Harbor Workers Compensation Act
• War Hazards Compensation Act
• Trade Adjustment Assistance (TAA) Program

The DOL said it will also provide support to states and other Federal agencies for the administration and payment of unemployment insurance benefits.

Job Corps centers are operated under contracts that are funded by appropriations available on a program year (as opposed to fiscal year) basis. Job Corps centers housing students will remain in operation while funds remain available. In addition, federal oversight of those centers related to safety and property will continue.

Processing of disaster Dislocated Worker grant applications will also continue.

Most agencies closed completely, some open with reduced staff

The DOL’s plan anticipated retaining 3,141 of its 12,916 employees during the shutdown.

• OSHA retains about 25% of its employees (460 of 1,664). 280 are necessary to protect life and property, and the remaining 179 are necessary to perform activities necessarily implied by law along with one exempt presidential appointee.
• MSHA retains about 50% of its employees (879 of 1,590). 674 are necessary to protect life and property, and the remaining 204 are necessary to perform activities necessarily implied by law along with one exempt presidential appointee.
• The Office of Workers Compensation Programs retains most of its employees (1,182 of 1,340). 415 are funded from other sources while the remaining 767 are necessary to perform activities necessarily implied by law.
• The Office of Inspector General also retains most of its employees (259 of 294). 134 are necessary to protect life and property, and the remaining 24 are necessary to perform activities necessarily implied by law along with one exempt presidential appointee.

The Office of Energy Employees Occupational Illness Compensation Program (EEOICPA) Ombudsman is funded from other sources and retains all six employees.

The following agencies and offices significantly reduced operations:

• Employee Benefits Security Administration
• Employment and Training Administration
• International Labor Affairs Bureau
• Office of Congressional and Intergovernmental Affairs
• Office of Labor-Management Standards
• Office of Public Affairs
• Office of the Assistant Secretary for Administration and Management
• Office of the Assistant Secretary for Policy
• Office of the Chief Financial Officer
• Office of the Secretary
• Office of the Solicitor
• Wage and Hour Division

The following agencies and offices completely ceased operations:

• Administrative Review Board
• Benefits Review Board
• Bureau of Labor Statistics (BLS)
• Employee Compensation Appeals Board
• Office of Federal Contract Compliance Programs
• Office of Disability Employment Policy
• Office of Administrative Law Judges
• Veterans Employment and Training Service
• Women’s Bureau

Including all DOL components, employees have been retained for the following reasons:

• 1,383 are necessary to perform activities necessarily implied by law
• 1,177 are necessary to protect life and property
• 564 are funded from other sources
• 17 are exempt presidential appointees

No employees are being retained to perform activities expressly authorized by law or to discharge the President's constitutional duties and powers.