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On December 2nd, 2025, the U.S. Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) issued a news release on the state of workplace safety enforcement. Specifically, the agency announced its standing and structure after the long federal government shutdown. Basically, OSHA wants employers to know that it has resumed normal enforcement operations. The news release also clarifies timeframes for contesting pre-shutdown citations. Earlier this month, the DOL and OSHA revealed that they had received nearly 47,000 comments on a proposed heat stress rule released in 2024.
Background of the Occupational Safety and Health Administration (OSHA)
Overall, OSHA's mission is to assure America's workers have safe and healthful working conditions. Additionally, workplaces must be free from unlawful retaliation. According to the agency, it carries out its mission by:
- setting and enforcing workplace safety standards;
- enforcing anti-retaliation provisions of the Occupational Safety and Health Act of 1970 (OSH Act) and other federal whistleblower laws;
- providing and supporting training, outreach, education, and assistance; and
- working collaboratively with state OSHA programs, ensuring that they are at least as effective as federal OSHA.
Finally, the OSH Act covers most private sector employers and their workers. The Act also covers some public sector employers and workers in the 50 states, certain territories, and federal jurisdictions.
Introduction to the General Duty Clause of the OSH Act
Altogether, as touched on earlier, the OSH Act sets and enforces workplace safety and health standards. In doing so, it assures safe and healthful working conditions for working men and women. Notably, the OSH Act’s “General Duty Clause” requires that all employers:
- shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; and
- shall comply with occupational safety and health standards promulgated under this Act.
In compliance with the OSH Act’s General Duty Clause and to avoid OSHA safety violations and costly litigation, employers should recognize and fix common workplace hazards. Indeed, these common workplace hazards include blocked exit routes, trip hazards, and unstable stacked items.
Overview of OSHA’s Recent News Release Regarding Workplace Safety Citations
Chiefly, the agency wants employers to know that it still received workplace safety and health complaints during the government shutdown. Some of those complaints, though, did not meet the criteria for “excepted activity.” Therefore, those specific complaints were not processed. Now, however, the agency is actively addressing the backlog of complaints. They may be processed via informal inquiry, and OSHA will respond as quickly as possible. Individuals do not need to resubmit their complaints.
Furthermore, OSHA has extended the time employers have to respond to specific citations. The affected citations were issued immediately before or during the government shutdown. Employers need to know that the shutdown days do not count as “working days.” For employers whose citations were issued and/or received between October 1st and November 12th, 2025, OSHA extended the 15-day contest period due to the lapse in appropriations. That period ended on December 4.
Employer Takeaways
In conclusion, all employers, even those who were not recent recipients of workplace safety citations, should know that OSHA is operational and performing inspections. It is also important to note that the requirements for contesting citations have returned to pre-shutdown status. Basically, a company has 15 working days from receipt of its citations and penalties to:
- comply,
- request an informal conference with OSHA, or
- contest the findings before the independent Occupational Safety and Health Review Commission.
Any penalties and citations levied against the employer may be adjusted throughout the course of the case.
