Federal Shutdown: As the longest federal shutdown drags onward, OSHA continues to operate on a skeletal staff. With limited exceptions that include inspection of imminent danger situations, inspection of workplace fatalities, review of whistleblower complaints, and follow up inspections of establishments with high gravity, serious violations and no abatement, all other non-essential operations have ceased and most of OSHA’s staff have been furloughed. Employers are reminded that the shutdown does not suspend any OSHA related obligations including compliance with safety and health standards and/or contesting citations within 15 working days.
Deregulation: The 10/21/25 memorandum from the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) established a path to increase deregulatory actions across the federal government including OSHA. These efforts will be accelerated when the shutdown is resolved.
Heat Stress Standard: Notwithstanding the deregulatory effort referenced above, OSHA’s proposed heat stress standard continues to move forward. In late June and early July this year, OSHA held virtual hearings providing stakeholders an opportunity to comment on the August 2024, proposed notice of rulemaking entitled, “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” OSHA subsequently extended the deadline for submitting post-hearing comments on the proposed standard which recently ended on October 30, 2025.
State Law Heat Stress Legislation: As expected, a number of states have made efforts to enact their own versions of a heat stress standard. Both Virginia and Pennsylvania introduced bills this year to setting heat standards but they have not yet been enacted.
Other Rulemaking Commentary Extensions. On August 20, 2025, OSHA also extended the deadline for comments on 20 proposed rules from September 1, 2025 to November 1, 2025. These extensions covered, among other proposed rules, medical evaluation requirements in the respiratory protection standard, occupational exposure to COVID-19 in the Healthcare Setting and OSHA’s Interpretation of the General Duty Clause: Limitation for Inherently Risky Professional Activities.
OSHA Leadership: On October 6, 2025, David Keeling was confirmed by the Senate as the Assistant Secretary of Labor for Occupational Safety and Health leading OSHA. Secretary Keeling brings extensive experience in workplace safety including leadership roles at UPS and Amazon.
