Rulemaking procedures and issuance

Under 1911.18(a)(1) the Assistant Secretary has 60 days after the certification of the hearing record to publish either a rule (promulgating, modifying, or revoking a standard) or a determination that such a rule should not be issued.

• The 60-day period also applies when no hearing is held: it begins after the expiration of the comment period on the proposed rule.
• The action must reflect consideration of all relevant written submissions and any hearings held.

(See 1911.18(a)(1).)

Under 1911.18(a)(2), if the Assistant Secretary determines a rule should not be issued based on existing materials, they may invite additional data, views, or arguments from interested persons.

• If additional comments are invited, an appropriate rule or a new determination must be made within 60 days after the end of the additional comment period.
• This allows the agency to reopen the record without starting a completely new proceeding, while still preserving a clear timeline.

(See 1911.18(a)(2).)

Under 1911.18(b), any rule adopted must include a concise general statement of its basis and purpose.

• The statement should explain the significant issues faced and the rationale for the agency's decisions.
• It does not need to include the detailed findings typical of formal adjudications, only enough explanation so the public understands why the rule was adopted.

(See 1911.18(b).)

Under 1911.18(c), an advisory committee gives advice to the Assistant Secretary in the form of written recommendations, and those recommendations should consider all material presented to the Assistant Secretary.

• The committee's written recommendations must be submitted within the time period prescribed by the Assistant Secretary.
• If recommendations are included in the committee transcript, they should be presented in summary form.
• The section also cross-references 1912.33 and 1912.34 for related procedures.

(See 1911.18(c).)

Under 1911.18(d), a rule promulgating, modifying, or revoking a standard—or a determination not to promulgate a rule—is considered issued when it is officially filed in the Office of the Federal Register.

• The official filing time is used to determine whether petitions for judicial review are premature, timely, or late.

(See 1911.18(d).)

Under 1911.18(a)(1), yes—the Assistant Secretary must act within 60 days after the expiration of the comment period for a proposed rule on which no hearing is held.

• The action can be promulgating, modifying, revoking a standard, or a determination not to issue a rule, and must consider all relevant written submissions.

(See 1911.18(a)(1).)

Under 1911.18(b), the concise general statement must show the significant issues that were faced and explain the rationale for how those issues were resolved.

• It should make clear why the agency chose a particular approach without needing detailed formal findings.

(See 1911.18(b).)

Under 1911.18(c), if advisory committee recommendations are included in the meeting transcript, they should be presented in summary form.

• Formal written recommendations are preferred; summaries in the transcript are acceptable when that is how the recommendations are recorded.

(See 1911.18(c) and related procedures in 1912.33 and 1912.34).

Under 1911.18(a)(2), OSHA must make an appropriate rule or determination within 60 days after the end of the additional comment period.

• This 60-day clock restarts after the invited additional comments period closes.

(See 1911.18(a)(2).)

Under 1911.18(b), OSHA is not required to include the specific and detailed findings typical of formal proceedings when issuing a rule.

• Instead, OSHA must include a concise general statement showing the main issues and the reasoning behind the agency’s solution.

(See 1911.18(b).)

Under 1911.18(d), the official filing time in the Office of the Federal Register is the time used to determine whether a petition for judicial review is premature, timely, or late.

• That official filing marks when the rule or determination is considered issued for judicial review purposes.

(See 1911.18(d).)

Under 1911.18(a)(1), OSHA must consider all relevant material presented in written submissions and in any hearings held before publishing a final rule or making a determination.

• That includes comments, evidence, and arguments received during the rulemaking record.

(See 1911.18(a)(1).)

Sections 1912.33 and 1912.34 provide additional procedures and details for advisory committees that support the summary guidance in 1911.18(c).

• They explain administrative steps and record-keeping for committee meetings and recommendations that the Assistant Secretary may consult.

(See 1911.18(c) and 1912.33 and 1912.34).

Under 1911.18(a)(2), respond to an invitation for additional comments by submitting your data, views, or arguments within the time the agency sets for the additional comment period.

• The Assistant Secretary must then issue an appropriate rule or determination within 60 days after that additional period ends, so make sure your submission is timely and focused on the issues identified in the invitation.

(See 1911.18(a)(2).)

No. 1911.18(a)(1) contemplates both situations: if no hearing is held, the 60-day clock runs from the close of the comment period; if a hearing is held, the 60-day clock runs from certification of the hearing record.

• Whether a hearing is necessary depends on the rulemaking circumstances, but the statute provides deadlines for both paths.

(See 1911.18(a)(1).)

Under 1911.18(c), the Assistant Secretary prescribes the period within which an advisory committee must submit written recommendations.

• The committee should consider all material presented to the Assistant Secretary when preparing those recommendations.

(See 1911.18(c).)