Policies and procedures modification

The Assistant Secretary has the authority to modify the policies and procedures where different policies or procedures would better serve the objectives of the Act. See 1912.42 which states the Assistant Secretary may determine different policies or procedures in specific situations.

• This authority is limited by the requirement that any modification be consistent with the Federal Advisory Committee Act and OMB Circular A-63 and be approved by the Solicitor under Part 15.
• For context on the broader part, see 1912.

A policy modification must be implemented only after the Assistant Secretary provides appropriate notice to any persons affected and secures approval by the Solicitor under Part 15. See 1912.42.

• The regulation requires "appropriate notice to any persons affected" but does not define the exact form or timing of that notice—so the notice should be tailored to who will be affected.
• Modifications must also be consistent with the Federal Advisory Committee Act and OMB Circular A-63, as required by the same provision.

Yes. Any modifications are limited to those that are consistent with the Federal Advisory Committee Act and OMB Circular A-63 and must be approved by the Solicitor under Part 15. See 1912.42.

• In short, modifications cannot conflict with those federal requirements and must go through the specified legal review and approval process.

The regulation requires providing "appropriate notice to any persons affected," but it does not define a fixed form or timeline for that notice. See 1912.42.

• In practice, "appropriate" means the notice should reasonably inform the stakeholders who will be impacted (for example, advisory committee members, agency staff, or interested public) so they can take any necessary steps.
• Because the rule does not prescribe specifics, employers and officials typically tailor notice procedures to the scope and urgency of the change and follow applicable requirements in the Federal Advisory Committee Act and Solicitor guidance under Part 15.

Yes. The provision expressly allows modifications in specific situations where the Assistant Secretary determines different policies or procedures would better serve the Act’s objectives. See 1912.42.

• These situational changes still require appropriate notice to affected persons, consistency with the Federal Advisory Committee Act and OMB Circular A-63, and approval by the Solicitor under Part 15.

Yes. Any modification must be approved by the Solicitor under Part 15 before it can take effect. See 1912.42.

• "Under Part 15" means the Solicitor’s review and approval should follow the procedures and authorities described in OSHA’s Part 15 provisions (which govern legal and administrative processes involving the Solicitor’s office).
• Because the regulation requires Solicitor approval, agencies and managers should coordinate with the Solicitor early in the modification process.

No. The text explicitly limits modifications to the extent that they are consistent with the Federal Advisory Committee Act and OMB Circular A-63. See 1912.42.

• Any proposed change that would conflict with those authorities cannot lawfully be adopted under this provision without resolving that inconsistency.

The regulation does not list specific categories, so "persons affected" means anyone who would be impacted by the change—such as advisory committee members, agency staff, contractors, or members of the public with an interest in the issue. See 1912.42.

• When planning notice, identify stakeholders who would reasonably be affected by the procedural change and ensure they receive the required notice.

1912.42 does not explicitly authorize or forbid retroactive application; it only requires appropriate notice to persons affected and Solicitor approval. See 1912.42.

• Because retroactivity can raise legal issues, agencies should seek Solicitor guidance under Part 15 and ensure consistency with the Federal Advisory Committee Act and OMB Circular A-63 before attempting to apply a change retroactively.

No, 1912.42 requires "appropriate notice to any persons affected" but does not mandate a public comment period. See 1912.42.

• Depending on the scope of the change and other applicable laws or agency policies, public comment might still be advisable or required elsewhere, but the text of 1912.42 itself only specifies notice, not a formal notice-and-comment rulemaking process.

This provision allows departures from the general policies and procedures in Part 1912 in specific situations as determined by the Assistant Secretary, provided those departures meet the statutory constraints and Solicitor approval. See 1912.42 and general context in 1912.

• In practice, 1912.42 is a reservation clause: Part 1912’s policies apply generally, but the Assistant Secretary can tailor them in particular cases consistent with other legal requirements.

Yes. The provision covers policies and procedures set forth in this part, so the Assistant Secretary may modify those procedures in specific situations if doing so better serves the Act’s objectives, subject to notice, consistency with the Federal Advisory Committee Act and OMB Circular A-63, and Solicitor approval. See 1912.42.

• Any change that affects advisory committees must still comply with the Federal Advisory Committee Act and related requirements.

The agency should determine that a different policy or procedure would better serve the Act’s objectives, identify the persons affected and how to provide appropriate notice, and coordinate with the Solicitor under Part 15 for approval. See 1912.42.

• Early coordination with legal counsel (Solicitor) helps ensure the modification will be consistent with the Federal Advisory Committee Act and OMB Circular A-63 before formal notice is issued.

1912.42 does not list specific examples; it simply allows the Assistant Secretary to modify policies in particular situations where a different approach better serves the Act’s objectives. See 1912.42.

• Common practical examples (not specified in the text) might include unusual procedural hurdles, a unique advisory committee context, or an urgent need to address a narrowly defined problem—but each would still require appropriate notice and Solicitor approval.

If a party believes a proposed modification conflicts with the Federal Advisory Committee Act, they should raise the concern through the agency’s procedural channels and seek review by the Solicitor under Part 15, since 1912.42 requires Solicitor approval and consistency with that Act. See 1912.42.

• Parties may also consider requesting clarification or legal advice from the Solicitor’s office and, if necessary, pursue other administrative or judicial remedies available under law.

No. 1912.42 requires that any modification be approved by the Solicitor under Part 15; it does not provide an exception for urgent cases. See 1912.42.

• If there is an urgent need, the agency should coordinate with the Solicitor to determine an expedited review or other lawful mechanism that complies with Part 15 and the other listed constraints.

You should consult the Solicitor’s office (legal counsel) because 1912.42 requires Solicitor approval for modifications under Part 15. See 1912.42.

• Early consultation with the Solicitor helps ensure the proposed change is consistent with the Federal Advisory Committee Act and OMB Circular A-63 and that the required notice will be appropriate.