Shutdown Showdown. Rather than hurtling into a federal government shutdown, this week has been more of a slow, gradual, depressing slide into the shutdown, as it became apparent this week that last-minute measures to keep the government open would not materialize. Although the U.S. Senate has reached an agreement on a bipartisan continuing resolution, a vote on that package might not even happen until after funding for the government runs out on September 30, 2023. Even then, the bill would have zero chance of passing the U.S. House of Representatives as written. With the shutdown all but inevitable, the focus on Capitol Hill is shifting towards figuring out a way to reopen the government. It is unclear how—or when—this will eventually end.

Agency Contingency Plans. Seeing the writing on the wall, the White House’s Office of Management and Budget has updated its website listing the government shutdown contingency plans for federal agencies. Generally speaking, most agency operations that do not involve the prevention of fatalities or imminent danger will cease. Here are some tidbits from the shutdown plans for the agencies that the Buzz tracks the most.

U.S. Department of Labor

• The Office of Federal Contract Compliance Programs (OFCCP). “The OFCCP will suspend all operations, including conducting compliance evaluations, complaint investigations, and outreach to external stakeholders.”
• Occupational Safety and Health Administration (OSHA). Given OSHA’s role regarding workplace safety, of 2,106 employees on board prior to the lapse, 1,180 will remain during a lapse in appropriations. OSHA will continue to inspect, among other things, “imminent danger situations,” conduct investigations of “workplace fatalities and catastrophes,” and investigate situations that “present a high risk of death or serious physical harm with the potential to cause death.”
• Wage and Hour Division (WHD). Conversely, at WHD, of 1,538 employees only seven will remain. WHD will cease “all regulatory work” (including, perhaps, finalization of its pending independent contractor regulation) and “enforcement activities that do not involve emergencies related to the safety of human life or protection of property” but will “[r]espond to and investigate any incidents involving child labor violations.”
• Employment and Training Administration. Foreign labor certifications will not be processed. Moreover, “[a] prolonged lapse of funding will exacerbate processing delays for the Office of Foreign Labor Certification activities especially temporary labor certification requests under the H2A and H2B Visa programs.”
• Unemployment Insurance (UI). “UI benefits will continue to be paid since funds are available as long as state UI agencies have sufficient administrative funding to operate and process claims.”
• Mine Safety and Health Administration (MSHA). “MSHA will continue to conduct regular mandated inspections.”

U.S. Equal Employment Opportunity Commission (EEOC)

• Charges will be accepted, but not investigated.
• The agency “will continue to litigate in cases where an extension has not been granted.”
• Mediations will be canceled and Freedom of Information Act (FOIA) requests will not be processed.

National Labor Relations Board (NLRB)

• Of 1,241 employees, twelve will remain during a shutdown.
• The Board will continue to maintain “[n]ecessary court actions” in order “[t]o protect federal legal actions already taken.”
• The Board will cease all casehandling, which includes representation cases (hearings and elections) and unfair labor practice cases (investigations, hearings, complaints, and settlements).

House Republicans Shine Spotlight on OSHA Practices. On September 27, 2023, the House Subcommittee on Workforce Protections held a hearing entitled, “Examining the Policies and Priorities of the Occupational Safety and Health Administration.” Assistant Secretary of Labor for Occupational Safety and Health Douglas L. Parker was the sole witness. Chair of the Subcommittee, Kevin Kiley (R-CA) criticized OSHA for focusing on “political goals that could not win support through the democratic channels of our government.” Below are some points that Parker made regarding OSHA initiatives that we have been tracking: