Purpose and criteria for standards

The purpose of the regulations in this part is to identify, classify, and regulate potential occupational carcinogens to protect worker health. 1990.102 explains this purpose.

• These regulations are designed to carry out the intent of the Occupational Safety and Health Act for preventing work-related cancers.
• Employers should expect OSHA to use these rules when deciding whether a substance is a potential occupational carcinogen and whether to propose a standard.

OSHA must set a standard that most adequately assures, to the extent feasible, that no employee will suffer material impairment of health or functional capacity even with regular exposure over a working life. This requirement is stated in 1990.102.

• The standard is intended to prevent significant, long-term health effects from lifetime workplace exposure.
• "To the extent feasible" means OSHA balances ideal protection with what can realistically be achieved based on available evidence and practical considerations.

OSHA must base standards on research, demonstrations, experiments, and other appropriate information—using the best available evidence. See 1990.102 for this requirement.

• That means scientific studies, exposure data, experimental results, and practical demonstrations are part of the evidentiary foundation.
• Employers and safety professionals should look for these types of data when evaluating or challenging a proposed standard.

OSHA must consider the latest available scientific data in the field as one of the primary factors when developing standards. This is specified in 1990.102.

• New scientific findings can influence hazard identification, exposure limits, and required controls.
• Employers should monitor scientific developments because OSHA may revise standards when new data become available.

OSHA treats feasibility as a key consideration but still aims for the highest degree of health protection practicable; standards should protect health while being realistically achievable. 1990.102 explains this balancing approach.

• Feasibility includes technical feasibility (can controls be implemented?) and economic or practical feasibility (can employers reasonably implement them?).
• The standard should provide the greatest protection that is feasible given the available evidence and experience.

Yes—whenever practicable, standards should be expressed in terms of objective criteria and the performance desired. 1990.102 directs this approach.

• That typically means using measurable exposure limits, clear engineering control requirements, or performance-based outcomes.
• Clear, objective criteria help employers understand and demonstrate compliance.

Yes—OSHA considers experience gained under this Act and other health and safety laws as one factor in standard development. This consideration is specified in 1990.102.

• Past regulatory experience can inform what protections work in practice and what may be infeasible.
• Employers can expect OSHA to review existing regulatory outcomes when assessing new or revised standards.

"To the extent feasible" means OSHA must aim for the highest degree of health protection possible, but the final standard is limited by what can practicably be achieved based on evidence and feasibility. 1990.102 contains this phrase and requirement.

• OSHA will weigh scientific evidence, technological capability, and practical experience when determining what protection is feasible.
• Employers should be prepared to implement controls that are both effective and reasonably practicable.

The requirement to prevent "material impairment of health or functional capacity" means exposure limits and other controls should aim to prevent significant, long-term health impairments from workplace exposures over a working life. This goal appears in 1990.102.

• Standards developed under this rule are focused on long-term health outcomes, not just short-term discomfort.
• Employers should implement controls (engineering, administrative, PPE) that reduce exposure to levels consistent with preventing long-term impairment.

The Secretary of Labor (through OSHA) is responsible for promulgating standards dealing with toxic materials or harmful physical agents that meet the protection goals described in 1990.102. That responsibility is set out in 1990.102.

• OSHA develops standards based on the best available evidence and considerations of feasibility and scientific data.
• Employers should follow OSHA standards once promulgated and monitor OSHA actions regarding carcinogens.

No—while feasibility (which can include economic and practical considerations) is a factor, standards must primarily aim to provide the highest degree of health and safety protection feasible on the basis of the best available evidence. This priority is described in 1990.102.

• Economic considerations may affect what is feasible, but they do not override the obligation to protect worker health to the greatest extent practicable.
• OSHA balances protection goals with feasibility using scientific data and experience.

OSHA must base standard development on research, demonstrations, experiments, and other appropriate information when available; these are among the types of evidence the agency should use. 1990.102 lists these sources of information.

• That means OSHA looks for experimental data, workplace demonstrations, and peer-reviewed research as part of its decision-making.
• Employers and researchers can contribute data from demonstrations and experiments to inform rulemaking.

Employers should interpret objective performance requirements as measurable outcomes or criteria that demonstrate the standard's protective performance has been met. 1990.102 encourages standards to be expressed in objective criteria and desired performance.

• Examples include meeting a numerical exposure limit, achieving a required air change rate, or maintaining a specified contaminant concentration.
• When a standard is performance-based, employers may choose appropriate methods (engineering controls, procedures, PPE) that demonstrably meet the performance criteria.

Yes—the standard-setting process must consider both the attainment of the highest degree of health and safety protection and experience gained under this and other health and safety laws. 1990.102 expressly requires these considerations.

• This ensures standards are grounded in science but also informed by what has worked (or not) in practice.
• Employers should expect OSHA to review compliance experience and practical outcomes when proposing or revising standards.