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OSHA 1911.1

Purpose and scope rules

16 Questions & Answers

Questions & Answers

Under 1911.1, what is the main purpose of Part 1911?

The purpose of Part 1911 is to set out the procedural rules for creating, changing, or removing OSHA standards. This part explains that it governs the rules of procedure for promulgating, modifying, or revoking occupational safety or health standards under section 6(b) of the OSH Act and under the particular statutes listed in 1911.2(d).

  • See the regulatory statement at 1911.1 for the exact language.

Under 1911.1, does Part 1911 create technical workplace safety requirements employers must follow during operations?

No, Part 1911 does not create technical workplace safety requirements; it sets procedural rules for rulemaking. Part 1911 deals with how OSHA will carry out proceedings to promulgate, modify, or revoke standards rather than prescribing substantive safety measures for day-to-day workplace operations, as explained in 1911.1.

  • For the broader context of the part, see 1911.

Under 1911.1, what does OSHA mean by providing "for single proceedings"?

Providing "for single proceedings" means OSHA will use one rulemaking process to address the same subject matter when multiple statutes could apply, so the resulting standard is uniform across those statutes. The text of 1911.1 explains that single proceedings are used "in order to assure uniformity of the standards to be enforced under the several statutes and in order to avoid needless multiplicity of rulemaking proceedings."

  • When more than one statute may cover the same employment, consult 1911.2(d) for the particular statutes that may be involved.

Under 1911.1, which situations might require looking at the statutes listed in 1911.2(d)?

You should look at the statutes listed in 1911.2(d) when the employments affected by a proposed standard may also be covered by other federal statutes. 1911.1 says these particular statutes may also cover the employments affected, so they are considered to determine whether a single proceeding is appropriate.

  • Consult 1911.2 and its subsection (d) to identify the specific statutes referenced.

Under 1911.1, who is governed by the procedural rules in Part 1911?

Part 1911 governs the procedures OSHA follows when promulgating, modifying, or revoking standards; it governs OSHA's rulemaking processes rather than imposing direct operational duties on individual employers. 1911.1 states that the part sets forth rules of procedure for those actions under section 6(b) of the OSH Act and related statutes.

  • For the full procedural framework, see 1911.

Under 1911.1, does the part aim to produce different standards for the same workplace when multiple statutes apply?

No, the part aims to avoid producing different standards for the same workplace when multiple statutes apply; it seeks uniformity. 1911.1 specifically says the rules are intended "to assure uniformity of the standards to be enforced under the several statutes" and to "avoid needless multiplicity of rulemaking proceedings."

  • Refer to 1911.2(d) for statutes that may overlap in coverage.

Under 1911.1, can Part 1911 be used to revoke an existing standard?

Yes, Part 1911 includes procedures for revoking standards as well as for promulgating or modifying them. The opening sentence of 1911.1 states the part sets forth rules of procedure for promulgating, modifying, or revoking occupational safety or health standards.

  • See the overall part at 1911 for additional context on the rulemaking framework.

Under 1911.1, if an employer operates in an industry covered by multiple statutes listed in 1911.2(d), which standard will they follow?

If an employer's operations fall under employments covered by multiple statutes, OSHA will aim to develop a single, uniform standard through the procedures in Part 1911 that applies across those statutes. 1911.1 explains the goal of single proceedings is to assure uniformity of standards enforced under the several statutes.

  • Check 1911.2(d) to identify the particular statutes involved.

Under 1911.1, does the Part 1911 procedure apply only to standards under the OSH Act or also to other statutes?

Part 1911 applies to rulemaking under section 6(b) of the OSH Act and also to any of the particular statutes listed in 1911.2(d) that may cover the same employments. 1911.1 states the procedures are intended to coordinate proceedings under the OSH Act and those other statutes to ensure uniform standards.

  • See 1911 for the part overview.

Under 1911.1, why does OSHA prefer single proceedings when more than one statute may apply?

OSHA prefers single proceedings to ensure uniform standards across statutes and to avoid needless duplication of separate rulemaking processes. 1911.1 says single proceedings are provided "in order to assure uniformity of the standards to be enforced under the several statutes and in order to avoid needless multiplicity of rulemaking proceedings."

  • For which statutes may be involved, see 1911.2(d).

Under 1911.1, does Part 1911 tell me what the substance of a safety standard must be?

No, Part 1911 does not prescribe the substance of safety standards; it sets the procedures to be used when developing, changing, or revoking standards. The text of 1911.1 explains that the part's rules are procedural in nature to facilitate rulemaking under the relevant statutes.

  • For substantive requirements, look to the individual standards issued under the procedures described in 1911.

Under 1911.1, where can I find the official language describing the scope and purpose of the rulemaking procedures?

The official language describing the scope and purpose of the rulemaking procedures is in 1911.1, which states the part sets forth rules of procedure for promulgating, modifying, or revoking standards and explains the goal of single proceedings to ensure uniformity.

  • You can also view the broader part at 1911 for context.

Under 1911.1, how does the part help avoid "needless multiplicity of rulemaking proceedings"?

The part helps avoid needless multiple rulemaking proceedings by providing for combined or single proceedings when different statutes cover the same subject, allowing OSHA to address overlapping issues in one rulemaking process. 1911.1 explicitly states that this approach is intended to prevent multiplicity of proceedings and assure uniformity.

  • See 1911.2(d) to identify statutes that may overlap in coverage.

Under 1911.1, does Part 1911 change how OSHA enforces standards once they are issued?

No, Part 1911 addresses the procedures for issuing, modifying, or revoking standards; it does not change enforcement mechanisms for standards after they are adopted. 1911.1 focuses on the rulemaking procedures themselves.

  • Enforcement details are found in other OSHA statutes and regulations; see the overall part at 1911 for context.

Under 1911.1, what should I consult to determine whether a proposed OSHA standard will be developed under multiple statutes?

You should consult 1911.2(d) to see the list of particular statutes that may cover the same employments and then use the procedural framework described in 1911.1 to understand how OSHA will decide to conduct a single proceeding across those statutes.

  • The broader rulemaking part is available at 1911.

Under 1911.1, does the part aim to affect only federal government employees or all covered employments?

Part 1911 aims to govern the procedures for standards that apply to employments covered by the OSH Act and by the particular statutes listed in 1911.2(d); it is not limited to federal employees. 1911.1 explains the part's purpose in coordinating proceedings across the statutes that may cover affected employments.

  • For scope of specific coverage, review 1911.2.