Construction standards rulemaking process

The Assistant Secretary must consult the Advisory Committee and give it the proposed rule and all pertinent factual information, and the committee must submit recommendations within a period the Assistant Secretary sets (not more than 270 days). See 1911.10(a).

• Provide the committee with any proposal (your own or the Secretary of Health, Education, and Welfare's) and all pertinent factual information, including research results and demonstrations.
• The committee must return recommendations within the time the Assistant Secretary prescribes, which cannot exceed 270 days from initial consultation.

This consultation requirement applies to standards for employments in construction as defined in 1910.12(b).

The committee may not take more than 270 days from the date of initial consultation to submit its recommendations. See 1911.10(a).

• If the Assistant Secretary sets a shorter period, the committee must follow that shorter deadline.
• If the committee does not submit within that period, the Assistant Secretary proceeds under the timing rules in 1911.10(b).

The Assistant Secretary must publish the NPRM in the Federal Register within 60 days after the committee's recommendations are submitted or after the expiration of the period for such submissions, whichever is earlier. See 1911.10(b).

• This 60-day clock starts on the earlier of (a) the date the committee files its recommendations or (b) the date the prescribed submission period expires.

The notice must include the terms of the proposed rule (i.e., the specific regulatory text or requirements being proposed). See 1911.10(b)(1).

• Practically, that means the NPRM should contain clear proposed regulatory language so interested parties can understand exactly what would change and comment on it.

The NPRM must include a reference to section 6(b) of the Occupational Safety and Health Act and to section 107 of the Contract Work Hours and Safety Standards Act. See 1911.10(b)(2).

• Including these statutory references makes clear the legal authority and procedural basis for the proposed construction standard.

The public is invited to submit written data, views, and arguments within 30 days after publication of the NPRM, and any informal hearing must be set to begin not earlier than 10 days after the end of that written comment period. See 1911.10(b)(3) and 1911.10(b)(4).

• Comments submitted in that 30-day window are made available for public inspection and copying, except where disclosure is prohibited by law.
• The 10-day gap ensures the agency and parties have time to review written comments before the hearing starts.

A person intending to appear must file a notice of intention to appear that states the party's position and the evidence they will present; the hearing will be conducted by a designated presiding officer. See 1911.10(b)(5) and 1911.10(b)(6).

• The filing helps the agency plan the hearing and ensures parties can be heard on the record.
• The presiding officer manages the hearing process and evidence as provided in the notice.

Any interested person who files an intention to appear in accordance with 1911.10(b) has the right to participate at the informal hearing. See 1911.10(c).

• Filing the required notice and statement of evidence secures participation rights at the hearing.
• Participation normally includes presenting testimony, argument, and evidence as described in the hearing notice.

Yes. The Assistant Secretary may follow the alternative procedure set out in paragraph (b) of 1911.11 to provide an opportunity for an informal hearing instead of using the 1911.10(b) procedure. See 1911.10(d) and 1911.11.

• That alternative procedure may be used at the Assistant Secretary's discretion when deemed appropriate.
• Consult 1911.11(b) for specific provisions of the 1911.11 process.

The NPRM may include any other appropriate provisions pertinent to the proceeding, such as schedules, evidence rules, or procedural instructions needed to conduct the hearing. See 1911.10(b)(7).

• Examples of appropriate provisions include deadlines for submitting exhibits, format for testimony, and procedures for record access—items the Assistant Secretary deems useful for an orderly proceeding.

Yes. The Assistant Secretary may promulgate, modify, or revoke standards applicable to employments in construction work as defined in [1910.12(b)], and 1911.10’s procedures govern those construction rulemakings. See 1911.10 and 1910.12(b).

• For example, OSHA has applied the construction definition to determine whether certain asbestos remediation work falls under the construction asbestos standard; see the interpretation Asbestos remediation protocols (Nov. 14, 2024) for an explanation of how 1910.12(b) can affect which standard applies.

If the committee does not submit recommendations within the prescribed period, the Assistant Secretary must publish the NPRM within 60 days after the expiration of that period. See 1911.10(a) and 1911.10(b).

• In short: either within 60 days of receiving recommendations or within 60 days after the deadline passes, whichever comes first.