Under 1911.3 who may file a petition to promulgate, modify, or revoke a standard?
Any interested person may file a petition to promulgate, modify, or revoke a standard with the Assistant Secretary of OSHA. See 1911.3 for the exact language.
OSHA 1911.3
Petition for standard changes
12 Questions & Answers
Questions & Answers
Under 1911.3 where must I file a written petition to change an OSHA standard?
You must file the written petition with the Assistant Secretary, Occupational Safety and Health Administration, U.S. Department of Labor, Washington, D.C. 20210. This filing location is stated directly in 1911.3.
Under 1911.3 does a petition have to be in writing?
Yes — the petition must be written. The rule explicitly says that "a written petition" may be filed under 1911.3.
Under 1911.3 what specific materials should a petition include?
A petition should include the proposed rule desired and a statement of the reasons for the petition and the intended effect of the proposed rule. This requirement is set out in 1911.3.
Under 1911.3 must the petitioner provide the exact text of the proposed rule?
Yes — the petition should include the proposed rule desired (i.e., the text of the rule the petitioner wants promulgated, modified, or revoked). That instruction appears in 1911.3.
Under 1911.3 what must the "statement of reasons" in a petition cover?
The statement of reasons must explain why the petitioner is requesting the change and what the petitioner expects the effect of that change to be. The section requires a ‘‘statement of the reasons therefor and intended effect thereof’’ in 1911.3.
Under 1911.3 can the proposed rule be attached to the petition instead of written into the body of the petition?
Yes — the text of 1911.3 says the petition "should include, or be accompanied by, the proposed rule desired," so you may either include the proposed rule in the petition itself or attach it as accompanying material.
Under 1911.3 can a petition seek the promulgation of a brand-new standard?
Yes — a petition may request the promulgation (i.e., establishment) of a new standard, as well as modification or revocation of an existing standard, under 1911.3.
Under 1911.3 can a petition request only part of an existing standard to be changed?
Yes — a petition may seek modification (which can be a partial change) of a standard under the authority described in 1911.3. The section allows petitions for promulgation, modification, or revocation.
Under 1911.3 does the regulation limit who qualifies as an "interested person"?
No — 1911.3 simply states that "any interested person" may file a petition and does not define or limit who qualifies as an interested person. See 1911.3 for the statutory wording.
Under 1911.3 is there a required form or specific format for petitions?
No specific form or format is prescribed in 1911.3; the only requirement in that section is that the petition be written and include (or be accompanied by) the proposed rule and a statement of reasons and intended effect. The section's text can be read in 1911.3.
Under 1911.3 does the section require supporting data or evidence beyond the proposed rule and statement of reasons?
No — 1911.3 requires that the petition include the proposed rule and a statement of reasons and intended effect, but it does not mandate submission of additional supporting data in that section. Petitioners may, however, choose to include supporting evidence. The governing language is in 1911.3.