Deputy labor secretary nominee Keith Sonderling talks DOGE during confirmation hearing

Washington — Keith Sonderling was repeatedly questioned about the Department of Government Efficiency during his Feb. 27 confirmation hearing before the Senate Health, Education, Labor and Pensions Committee.

The deputy secretary of labor nominee’s standard response to inquiries about DOGE’s access to DOL data and information, including on OSHA investigations, was to refer to an ongoing lawsuit between labor unions and the department.

“Everything related to DOGE’s access or requested access to the Department of Labor is in litigation right now,” Sonderling said in slight variations at times during the hearing. “The Department of Justice represents the Department of Labor on all of those matters.”

Following up, Sen. Tammy Baldwin (D-WI) asked, “Is the access frozen during the court’s contemplation of these issues?”

Sonderling responded, “According to my knowledge of the lawsuit, which is all based on public information, there’s been zero access given.”

Sen. Lisa Murkowski (R-AK) also expressed concerns about DOGE’s access and keeping the data confidential.

“We can talk pros and cons about how DOGE is moving through,” Murkowski said, “but as I’m talking to Alaskans, one of the concerns that I’m hearing is we don’t know why there are those who are gaining access. It may be fine. It may be not, but I’m nervous about it. I think we can alleviate anxiety and nervousness by saying, ‘Your sensitive data is going to remain confidential.’ I just wanted to put that out there on the record.”

Other committee members pointed out that Sonderling, who has been a senior advisor to acting Labor Secretary Vince Micone since Jan. 20, seemingly has a firsthand look at that access.

“If confirmed, I can promise you that I will follow all applicable laws, make sure the HR department follows all applicable laws,” Sonderling said in response to a question from Sen. Tim Kaine (D-VA). He repeated that statement multiple times during the hearing.

“The ‘if confirmed’ line doesn’t work for someone who’s in the building,” Kaine said. “People have been using that line, and if they’re not in the building, I can’t expect them to have answers to questions, but you are a special advisor to the acting secretary of labor.”

OSHA ‘resources’

Sonderling was asked on two occasions about OSHA resources.

In response to a question from Sen. Ed Markey (D-MA), Sonderling replied, “I will go through each law enforcement agency and make sure that’s there’s adequate resources, including determining that investigators are in the places where they need to be with the highest violations.”

Markey responded, “So, you will oppose any action that would reduce safety?”

An Executive Order issued by President Donald Trump on Feb. 11 directs agencies to hire no more than one employee for every four employees who leave. “This ratio shall not apply to functions related to public safety, immigration enforcement or law enforcement,” states the order, which doesn’t explicitly name OSHA inspectors.

“I have confidence that even in the [Office of Personnel Management] directive, in the Executive Order, it says health and safety inspectors are exempt,” Sonderling said.

Whistleblower protections

Sen. John Hickenlooper (D-CO) asked Sonderling, a former commissioner with the Equal Employment Opportunity Commission from September 2020 until August, about whistleblower protections.

“What assurances can we give those workers that they can blow the whistle and report issues that are of real importance and be protected from repercussions?”

Sonderling said: “As you know, OSHA enforces over 25 whistleblower laws that Congress has decided should be at the Department of Labor, even for areas outside of our jurisdiction. It is a very important part of the Department of Labor to deal with whistleblower cases across many federal statutes.

“I can assure you that all laws the Department of Labor enforces, we will continue to do that.”

Hickenlooper also asked about whether rationale was given for the firing of DOL Inspector General Larry Turner and several other IGs in January.

Sonderling shook his head no and said the DOL Office of Inspector General has an acting IG, although one isn’t listed on the organizational chart on the agency’s website.

Hickenlooper later asked about morale at DOL amid reports of layoffs.

“Two things,” Sonderling said. “Number one, if confirmed, I will make sure that all applicable laws and regulations are applied in any kind of workforce development changes.

“Number two, I think it’s important for the [DOL] and all employees in the federal government to truly believe in their mission. A lot of it is going to be refocusing on the purpose of these agencies at the DOL to protect the American workforce.”

The HELP Committee is scheduled to vote on Sonderling’s nomination March 6.