Publication of carcinogen lists

The Secretary must publish the Candidate List in the Federal Register at least once each year. This requirement is stated in 1990.133(a).

• "At least annually" means yearly is the minimum frequency; publication can occur more often but not less often than once per year.

The Secretary must publish the Priority Lists in the Federal Register at least every six months, and may seek public comment on those lists. This is required by 1990.133(b).

• "At least every six months" is the minimum schedule; the Secretary can publish the lists more frequently.
• The phrase "may seek public comment" means OSHA can include a comment period or request for feedback in the Federal Register notice when publishing the Priority Lists.

Yes. The Secretary may periodically publish a notice in the Federal Register requesting information about the classification and establishment of priorities for substances on the Candidate List, and must include a brief statement describing the type of information being sought. See 1990.133(c).

• The notice will describe the kinds of data or input OSHA wants (for example, scientific studies or exposure data) so responders know what to provide.

They are published in the Federal Register. The publication requirements for both lists are set out in 1990.133 and its subsections 1990.133(a) and 1990.133(b).

• Publishing in the Federal Register makes the lists publicly available and provides an official record of their publication.

Yes. The phrase "at least annually" sets an annual minimum and allows the Secretary to publish the Candidate List more frequently if desired. See 1990.133(a).

• Practically, this means OSHA could issue updates or interim publications in addition to the required annual publication.

Yes. The phrase "at least every six months" establishes a maximum interval of six months between publications and therefore allows more frequent publication of the Priority Lists. This requirement is found in 1990.133(b).

• Employers and stakeholders can expect updates at least semiannually, but OSHA could provide updates more often if it chooses.

Yes. When the Secretary publishes a notice requesting information concerning classification and priority setting for substances on the Candidate List, the notice must include a brief statement describing the type of information being sought. See 1990.133(c).

• This brief statement helps respondents understand whether OSHA wants scientific studies, exposure measurements, toxicity data, or other specific materials.

No. Section 1990.133 addresses the publication of the Candidate List and Priority Lists and does not itself impose duties on employers. See 1990.133.

• Employers should still check other OSHA standards or regulations for specific compliance obligations related to particular substances; publication under 1990.133 is a notice mechanism, not a direct work requirement.

When the Secretary seeks public comment on the Priority Lists, the request for comment will be published in the Federal Register and will include instructions or information about how to submit comments. See 1990.133(b).

• The Federal Register notice typically specifies deadlines, formats, and addresses (or electronic submission methods) for comments, so reviewers should follow the directions in that notice.

The Effective Date Note states that 1990.133 was stayed on January 4, 1983 (48 FR 243) to evaluate the impact of publishing the Candidate List and Priority Lists and to reconsider the criteria used for the lists, with an additional reference to 47 FR 187 (Jan. 5, 1982). See 1990.133.

• A stay means the regulatory obligation was temporarily suspended at that time to allow further review; the note documents that historical action.

OSHA may publish such notices periodically; the standard does not set a fixed schedule. This authority is described in 1990.133(c).

• "Periodically" means OSHA can issue requests as needed based on its schedule or needs, rather than on a strict timetable specified in the rule.

The rule explicitly authorizes public comment for the Priority Lists by stating the Secretary "may seek public comment thereon" in 1990.133(b). The text of 1990.133(a) requires publication of the Candidate List at least annually but does not explicitly state that public comment will be solicited for the Candidate List.

• In practice, a Federal Register publication of the Candidate List could include a request for public comment, but the statute only explicitly mentions the option for the Priority Lists.

The notice should be published in the Federal Register and include a brief statement describing the type of information being sought about classification and priority setting for substances on the Candidate List, as required by 1990.133(c).

• Including clear descriptions of the information sought helps respondents provide useful, relevant data such as scientific studies, exposure measurements, or industrial usage information.

Yes. The section requires publication of specifically the "Candidate List" and the "Priority Lists" in the Federal Register with the stated frequencies: the Candidate List at least annually (1990.133(a)) and the Priority Lists at least every six months (1990.133(b)).

• Using these formal titles in the Federal Register ensures clarity about which lists are being issued and reviewed.

No. Section 1990.133 is limited to publication requirements and does not specify the criteria for classifying substances or establishing priorities. For publication details see 1990.133.

• The Effective Date Note indicates that the criteria were a subject of review (see the stay noted at 48 FR 243, Jan. 4, 1983), but any substantive criteria would be described elsewhere in OSHA rules or guidance, not in 1990.133 itself.

Publishing the lists in the Federal Register satisfies the Secretary's obligation under 1990.133 to provide official public notice of the Candidate List and Priority Lists. See 1990.133.

• The publication provides a formal, public record that alerts stakeholders to candidate substances and priority-setting actions, and it can be used to solicit information or comments, but the section itself does not directly impose new workplace requirements on employers.