Procedures for other standards

The Assistant Secretary must submit the proposal and all pertinent factual information, including research results, to the advisory committee and request its recommendations within a time the Assistant Secretary sets (not to exceed 270 days). See 1911.11(a).

• Include any proposal of the Assistant Secretary or the Secretary of Health, Education, and Welfare.
• Provide all pertinent factual information available, such as research, demonstrations, and experiments.
• Set a period for the committee’s recommendations, which may not exceed 270 days.

(Reference: 1911.11(a).)

If an advisory committee has been consulted and the Assistant Secretary decides to issue a rule, OSHA must publish the notice within 60 days after the committee submits its recommendations or after the recommendation period expires, whichever comes earlier. See 1911.11(b).

• The 60-day clock begins on the date of submission of the committee’s recommendations or the expiration of the recommendation period.

(Reference: 1911.11(b).)

The notice must include the full terms of the proposed rule. See 1911.11(b)(1).

• This means the public receives the specific language OSHA proposes to adopt, modify, or revoke.

(Reference: 1911.11(b)(1).)

The notice must reference section 6(b) of the Occupational Safety and Health Act and the relevant statutory provision(s) applicable to the employments affected by the proposed rule. See 1911.11(b)(2).

• This provides the legal authority and context for the proposed standard.

(Reference: 1911.11(b)(2).)

Interested persons have 30 days after publication of the notice to submit written data, views, and arguments, which will be available for public inspection and copying except where law prohibits disclosure. See 1911.11(b)(3).

• Comments must be submitted within the 30-day window to be included in the initial comment record.

(Reference: 1911.11(b)(3).)

The notice must either give the time and place of an informal hearing (to be held not earlier than 10 days after the comment period ends) or tell interested persons how to file written objections and request an informal hearing by the 30th day after publication. See 1911.11(b)(4).

• If no hearing date is set, the notice must explain how to file objections that meet the requirements of paragraph (c) and how to request a hearing.

(Reference: 1911.11(b)(4).)

Objections must include the objector’s name and address, be postmarked by the 30th day after publication, specify with particularity the provision objected to and the grounds, state each objection separately and numbered, and include a summary of evidence to be offered at a requested hearing. See 1911.11(c) and its subparts 1911.11(c)(1)–1911.11(c)(5).

• Include name and address (1911.11(c)(1)).
• Postmark on or before day 30 (1911.11(c)(2)).
• Specify provision and grounds (1911.11(c)(3)).
• Number each objection separately (1911.11(c)(4)).
• Include summary of evidence for hearing (1911.11(c)(5)).

(Reference: 1911.11(c)).

OSHA shall publish a notice of an informal hearing within 30 days after the last day for filing objections if objections are filed in substantial compliance with paragraph (c); OSHA may also publish a notice even if no compliant objections were filed. See 1911.11(d).

• The 30-day period starts after the deadline for filing objections.

(Reference: 1911.11(d).)

The hearing notice must state the time, place, and nature of the hearing and must reference the authority under which the hearing is held. See 1911.11(d)(1) and 1911.11(d)(2).

• Time, place, and nature of the hearing (1911.11(d)(1)).
• Legal authority for the hearing (1911.11(d)(2)).

(Reference: 1911.11(d)(1)-(2)).

The hearing notice must specify the provisions of the proposed rule that have been objected to and requested for hearing, and it must list the issues to be heard, including at least all issues raised by properly filed objections for which a hearing was requested. See 1911.11(d)(3) and 1911.11(d)(4).

• Identifies specific provisions objected to (1911.11(d)(3)).
• Specifies hearing issues, covering all properly raised issues (1911.11(d)(4)).

(Reference: 1911.11(d)(3)-(4)).

Participants must file an intention to appear that states the position they will take on the specified issues and summarizes the evidence they will present at the hearing. See 1911.11(d)(5).

• The filing tells the presiding officer who intends to appear and outlines the party’s position and evidence.

(Reference: 1911.11(d)(5).)

A presiding officer designated by OSHA is assigned to conduct the hearing. The hearing notice must identify that presiding officer. See 1911.11(d)(6).

• The presiding officer manages the hearing proceedings and rulings under the notice’s procedures.

(Reference: 1911.11(d)(6).)

Yes. OSHA may include any other appropriate provisions regarding the proceeding in the hearing notice as it deems necessary. See 1911.11(d)(7).

• These provisions can address procedural details not explicitly listed elsewhere in the section.

(Reference: 1911.11(d)(7).)

Any objector who requested a hearing and any interested person who files a proper intention to appear is entitled to participate in the informal hearing. See 1911.11(e).

• Filing the required intention to appear (per 1911.11(d)(5)) secures the right to participate.

(Reference: 1911.11(e).)

No. The procedures in 1911.11 apply to standards for employments other than construction work as defined in 1910.12(b). See 1911.11 which begins by referencing the exclusion.

• If a proposed rule affects construction work as defined in 1910.12(b), different procedures or parts of the Act may apply.

(Reference: 1911.11 and 1910.12(b).)

Objections must be postmarked on or before the 30th day after the date of publication of the notice of proposed rulemaking; timeliness is determined by the postmark date. See 1911.11(c)(2).

• If submitted electronically or by delivery method, follow the instructions in the published notice to establish timely filing.

(Reference: 1911.11(c)(2)).

An objection must specify with particularity the exact provision being challenged and must state the grounds for the objection (why the objector believes the provision is improper). See 1911.11(c)(3).

• Vague or general objections that do not identify specific provisions or grounds may fail to meet the requirements for requesting a hearing.

(Reference: 1911.11(c)(3).)

You must include a summary of the evidence you propose to adduce at the requested hearing when filing objections. See 1911.11(c)(5).

• The summary should outline the facts, testimony, documents, or expert opinions you expect to present so the hearing can define issues and prepare procedures.

(Reference: 1911.11(c)(5).)

Yes. Interested persons may submit written comments within 30 days and may also file written objections that meet paragraph (c) to request an informal hearing on specified provisions by the 30th day after publication. See 1911.11(b)(3) and 1911.11(b)(4).

• File comments to influence the record; file objections per paragraph (c) to preserve hearing rights on specific provisions.

(Reference: 1911.11(b)(3)-(4)).

Yes. The Assistant Secretary may request recommendations from an advisory committee, but consultation is not mandatory in every case; the section describes the process when an advisory committee has been consulted. See 1911.11(a) and 1911.11(b).

• When a committee is consulted, specific timelines and submission requirements apply; when not, OSHA follows other applicable rulemaking procedures under the Act and its regulations.

(Reference: 1911.11(a) and 1911.11(b).)