Supplementary standards adoption process

An agency head must adopt emergency temporary and permanent supplementary standards when there are working‑condition hazards for agency employees for which no appropriate OSHA standard exists. See the requirement in 1960.18(a).

• This covers both emergency temporary standards (issued under section 6 of the Act) and permanent supplementary standards.
• The adoption obligation applies to hazards in agency workplaces that OSHA standards do not already address.
• Agencies should coordinate with the Secretary to avoid duplicating OSHA rulemaking efforts.

Yes — the agency head should notify the Secretary of the subject matter of a supplementary standard when development begins to avoid duplication of effort. See 1960.18(a).

• The regulation uses the term "should," signaling a clear expectation that agencies coordinate early with OSHA.
• Early notice helps OSHA and the agency avoid overlapping or conflicting standards.

An agency head must send a copy of the final draft of the permanent supplementary standard and any written comments from interested employees, employee representatives, and occupational safety and health committees to the Secretary prior to official adoption. See 1960.18(b).

• Include all substantive written feedback received during the agency’s rule development.
• Sending the draft before adoption triggers the Secretary's review period described in the same paragraph.

If the Secretary finds the proposed permanent supplementary standard inconsistent with OSHA standards or with OSHA enforcement practices under section 5(a)(1) of the Act, the Secretary has 15 working days to notify the agency head, and the supplementary standard shall not be adopted as submitted. See 1960.18(b).

• After notification, the agency may resubmit a revised standard designed to provide adequate protection and be consistent with OSHA standards.
• Upon request, the Secretary shall offer technical assistance in developing the revised standard.

No — a permanent supplementary standard must be consistent with OSHA standards and enforcement practices; if the Secretary finds it inconsistent the draft shall not be adopted and the agency will be asked to resubmit a revised standard that provides adequate protection. See 1960.18(b).

• The regulation requires consistency with OSHA standards or enforcement practice, and the resubmitted standard must be designed to provide adequate protection.

Yes — upon request of the agency head, the Secretary shall offer technical assistance in the development of the supplemental standard. See 1960.18(b).

• This assistance can help the agency align its draft with OSHA standards and enforcement practice.
• Request technical assistance early, ideally when notifying the Secretary that development has begun.

Yes — 1960.18(a) explicitly states that, in addition to complying with emergency temporary standards issued under section 6 of the Act, an agency head shall adopt emergency temporary and permanent supplementary standards as necessary where no appropriate OSHA standards exist. See 1960.18(a).

• Agencies must both follow OSHA emergency temporary standards and adopt their own when hazards affecting federal employees are not covered by OSHA.

The Secretary has 15 working days to notify the head of the agency if the permanent supplementary standard to be adopted is found to be inconsistent with OSHA standards or enforcement practices. See 1960.18(b).

• That 15‑working‑day period begins when the Secretary receives the agency’s final draft and accompanying employee comments.

No — 1960.18(b) specifies a 15 working‑day review period for the Secretary to notify the agency about an inconsistency for the initial submission, but it does not specify a review period for any resubmitted revised standard. See 1960.18(b).

• Agencies should work with the Secretary and request technical assistance to resolve inconsistencies promptly.

No — 1960.18(a) requires agencies to adopt supplementary standards only for working conditions of agency employees for which there exists no appropriate OSHA standard. See 1960.18(a).

• If an appropriate OSHA standard already addresses the hazard, the agency should apply that OSHA standard rather than create a separate, duplicative supplementary standard.

No — while agencies may consider alternate approaches, adoption of an alternate standard under the broader 1960 framework requires the agency to request the Secretary of Labor’s approval prior to implementing that alternate standard. See the hexavalent chromium interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19 and 1960.

• The 2019 interpretation clarifies that paragraph (d)(5) of 29 CFR 1910.1026 is performance‑based, but the letter also reiterates that requests for alternate standards must follow agency procedures (referencing 29 CFR 1960.17 in that discussion).
• To use an alternate standard, the agency must submit the required information and obtain Secretary approval before implementation.

Yes — the agency head must send the final draft of the permanent supplementary standard to the Secretary along with any written comments on the standard from interested employees, employee representatives, and occupational safety and health committees. See 1960.18(b).

• Including employee input demonstrates that the agency considered workplace perspectives during development.

An agency should notify the Secretary of the subject matter of a supplementary standard when development begins to avoid possible duplication of effort. See 1960.18(a).

• Early notification allows OSHA to coordinate or advise so both parties do not pursue overlapping rulemaking.

OSHA standards and the Respiratory Protection definition of "oxygen‑deficient atmosphere" apply to civilian employees in Air Force facilities when the work, equipment, or operations are not "uniquely military;" military personnel and uniquely military systems are excluded by Executive Order 12196. See the OSHA interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16 and federal agency program requirements in 1960.

• The 2024 LOI explains coverage distinctions for military vs. civilian employees and states that civilian employees are subject to OSHA's Respiratory Protection Standard, 29 CFR 1910.134, including its oxygen‑deficient definitions, when applicable.
• For federal agencies generally, follow the supplementary standards adoption and coordination requirements in 1960.18.

Yes — agencies may adopt supplementary standards that provide adequate (and potentially more protective) protection so long as the standard is consistent with OSHA standards and enforcement practices; if the Secretary finds an inconsistency the agency must revise the draft. See 1960.18(b).

• The regulation requires consistency with OSHA standards or enforcement practice, but it does not prohibit higher levels of protection.
• As noted elsewhere in OSHA guidance, industry or consensus standards can demonstrate feasible abatement and may be used as supporting evidence when agencies set more protective limits (see the window cleaning interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0).

The regulation states the agency head "should" notify the Secretary when development begins, which is an explicit advisory direction intended to avoid duplication of effort rather than a command framed as an absolute procedural requirement. See 1960.18(a).

• Practically, early notification is strongly recommended because it reduces the risk of conflicting rulemaking and helps coordinate technical and legal review with OSHA.

In practice, it means the Secretary may find a proposed supplementary standard conflicts with existing OSHA standards or with how OSHA enforces the general duty to provide workplaces free from recognized hazards under section 5(a)(1); if so, the Secretary must notify the agency within 15 working days. See 1960.18(b).

• OSHA has used industry consensus documents and enforcement guidance to interpret feasible abatement and hazard recognition (see the window cleaning interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0).
• If inconsistency is found, the agency must revise the draft to ensure adequate protection and alignment with OSHA practices.

Yes — agencies must send any written comments on the draft from interested employees, employee representatives, and occupational safety and health committees to the Secretary along with the final draft. See 1960.18(b).

• Documenting employee committee feedback is part of the required submission and shows the agency considered worker input.

The Secretary will offer technical assistance in the development of the supplemental standard upon request of the agency head. See 1960.18(b).

• Agencies should request assistance early to obtain OSHA’s technical or policy guidance while drafting or revising the proposed standard.

The agency head is responsible for adopting emergency temporary and permanent supplementary standards under 1960.18. See 1960.18.

• The regulation places formal responsibility on the head of each agency to ensure adoption, submission to the Secretary, and consideration of employee comments.