Petitioning OSHA standard changes

Any interested person may submit a petition in writing to OSHA asking the Assistant Secretary of Labor to promulgate, modify, or revoke a standard. See 1910.3(a).

• "Interested person" is broad and can include workers, employers, trade associations, unions, safety professionals, or members of the public.
• The petition must be in writing and should set out the rule you want and the reasons for it.

A written petition must state the terms or substance of the rule you want, describe the effects if the rule is promulgated, and explain the reasons for the request. See 1910.3(a).

• Practical items to include: recommended regulatory text, facts or data supporting the change, affected industries/sectors, estimates of benefits and costs, and contact information for the petitioner.
• Clear, focused petitions with supporting evidence speed OSHA’s review.

Within a reasonable time after receipt, OSHA will publish a notice in the FEDERAL REGISTER about the submission and give interested persons a reasonable opportunity to submit written data, views, or arguments. See 1910.3(b)(2).

• This process allows public comment and helps OSHA decide if the submitting organization's standards meet the statutory definition of a national consensus standard.

Paragraph (b)(1) invited organizations to submit information to OSHA so the Agency could determine whether their standards met the definition of "national consensus standard," but that invitation applied to submissions made prior to February 1, 1973. See 1910.3(b)(1).

• The text references a historical submission window that closed on February 1, 1973; it does not create an ongoing submission process under that specific paragraph.
• If you are seeking current recognition of a consensus standard, contact OSHA through current rulemaking or standards processes; the historical paragraph does not preclude other routes for consideration.

Yes; a petition may ask the Assistant Secretary of Labor to promulgate, modify, or revoke a standard. See 1910.3(a).

• A revocation petition should explain the proposed change, its effects, and the reasons supporting revocation—just like a petition to add or modify a rule.

An individual worker may submit a petition because the rule uses the broad phrase "any interested person." See 1910.3(a).

• Petitions from individuals should include the same content required of any petition: desired rule text (or substance), effects, and reasons.
• Collaboration with others can strengthen technical or evidentiary support but is not required to file.

OSHA will publish a notice in the FEDERAL REGISTER and afford interested persons a reasonable opportunity to present written data, views, or arguments about whether the standards are national consensus standards. See 1910.3(b)(2).

• Expect a public comment period announced in the Federal Register; you can submit written comments during that time.

No; filing a petition does not guarantee OSHA will promulgate, modify, or revoke a standard—OSHA considers the petition and acts as appropriate under its procedures. See 1910.3(a).

• OSHA evaluates petitions based on the evidence, legal authority, policy priorities, and resource considerations.
• If OSHA acts on a petition, it normally follows formal rulemaking procedures (e.g., notice-and-comment), which can include publication in the Federal Register.

The petition should set forth the terms or the substance of the rule desired, so including suggested regulatory text is helpful but not strictly required if the petition clearly describes the substance of the requested change. See 1910.3(a).

• Practical tip: providing proposed language makes it easier for OSHA to evaluate the request and consider drafting rule language if the petition has merit.

The regulation says OSHA will publish a notice "within a reasonable time," but it does not set a specific deadline—timing depends on OSHA's administrative processes and workload. See 1910.3(b)(2).

• If you submitted material and need an update, contact OSHA's rulemaking office for a status check; the regulation itself provides the substantive requirement to publish, not a fixed timetable.

Yes; a petition can request that OSHA promulgate or modify a standard and could ask OSHA to adopt an existing national consensus standard as the substance of the requested rule. See 1910.3(a) and the discussion in 1910.3(b)(1) about national consensus standards.

• Provide documentation showing the consensus standard’s text, scope, and evidence that it protects worker safety and health to strengthen the petition.

Yes; the petition should set forth the effects of the proposed rule, including anticipated safety benefits, affected workplaces, and likely economic or operational impacts. See 1910.3(a).

• Useful content: estimates of injuries/illnesses prevented, number of employers/workers affected, implementation costs, and any supporting data or studies.

No; 1910.3(b)(1) notes congressional recognition of ANSI and NFPA as major sources of national consensus standards but also invites any organization that considers itself a producer of national consensus standards to submit information for OSHA to consider. See 1910.3(b)(1).

• OSHA evaluates whether a submitting organization's standards meet the statutory definition of a national consensus standard, regardless of the organization's name.

Yes; a petition can request that OSHA promulgate a new standard addressing an emerging hazard by setting forth the substance of the desired rule, its effects, and the reasons for it. See 1910.3(a).

• OSHA will evaluate the petition and decide whether to initiate formal rulemaking, taking into account evidence, statutory authority, and Agency priorities.

The petition should clearly state the substance of the rule desired, the effects, and the reasons; legal arguments help but need not be filed in a formal court-style brief. See 1910.3(a).

• Provide factual and technical support, and cite relevant laws, data, or consensus standards to strengthen the petition.

Any interested person can submit written data, views, or arguments in response to OSHA's Federal Register notice about the submission. See 1910.3(b)(2).

• The Federal Register notice will specify how to submit comments and the comment period timeframe.

1910.3(a) requires a petition be in writing and explain the terms, effects, and reasons; it does not specify a required format or filing method. See 1910.3(a).

• Practical action: follow OSHA’s current petition submission instructions on the OSHA website or contact OSHA’s rulemaking office for preferred electronic submission procedures to ensure acceptance.

Yes; a petition may ask OSHA to modify (i.e., change) part of a standard by setting forth the terms or the substance of the rule desired and explaining the effects and reasons. See 1910.3(a).

• Be specific about which sections or paragraphs you want changed and provide proposed replacement language when possible.

The rule states OSHA shall publish or cause to be published in the FEDERAL REGISTER a notice of such a submission within a reasonable time after receipt. See 1910.3(b)(2).

• Publishing a notice allows public input on whether the submitting organization’s standards qualify as national consensus standards.

Yes; including supporting data such as scientific studies, technical reports, and economic analyses helps explain the effects and reasons for the proposed rule and strengthens the petition. See 1910.3(a).

• Attach or reference documents and clearly identify which claims they support so OSHA can efficiently evaluate the petition.

Yes; multiple organizations or individuals may jointly submit a single written petition—1910.3(a) allows any interested person(s) to petition. See 1910.3(a).

• Joint petitions can demonstrate broader stakeholder support and may include separate attachments from co-signers describing their perspectives or evidence.

1910.3(a) does not establish a formal appeal process for petition denials; it sets the petition submission rule but does not prescribe remedies or appeals. See 1910.3(a).

• If you disagree with an OSHA decision, other administrative or legal avenues outside 1910.3 may apply, depending on the circumstances; consult OSHA or legal counsel for next steps.