Feasibility study notice procedures

OSHA must publish a Federal Register notice within 30 days after it initiates the study that contains the items listed in the regulation. The rule requires publication within thirty (30) days as described in 1990.141(a).

• The notice must include the specific items spelled out in the rest of 1990.141(a), such as the substance name, scope, and invitations for information.
• This 30‑day timing is counted from the date OSHA initiates the study, not from other events.

The notice must name the substance or substances being studied. 1990.141(a)(1) requires that the Federal Register notice identify the name of the substance(s) that are the subject of the feasibility study.

• Use the common chemical name(s) or other names that clearly identify the substance so interested parties can recognize whether they are affected.

OSHA should describe the study’s scope, including affected industries, levels of exposure being studied, and the anticipated completion date where possible. 1990.141(a)(2) and its subparts 1990.141(a)(2)(i), 1990.141(a)(2)(ii), and 1990.141(a)(2)(iii) require these scope elements.

• "Affected industries" helps employers and workers know who may be impacted.
• "Levels of exposure" tells stakeholders what exposure ranges OSHA is examining.
• "Anticipated completion date" gives a projected timeline when available.

The notice must provide a brief summary of the available data on health effects. 1990.141(a)(3) requires a concise summary of the health evidence OSHA has at the start of the feasibility study.

• Expect a short overview of key findings rather than exhaustive literature reviews; the purpose is to inform interested parties about the basis for studying the substance.

The notice should include an estimate of when OSHA anticipates issuing a proposal. 1990.141(a)(4) directs OSHA to provide a projected timetable for issuing a proposed rule.

• That date is an estimate to help stakeholders plan; it does not create a binding deadline for OSHA or change other procedural timelines.

Yes — the notice must invite interested parties to provide relevant information. 1990.141(a)(5) requires OSHA to invite submissions from anyone who has data or views relevant to the study.

• The notice typically explains how and when to submit information; responders should follow those instructions in the Federal Register notice.

You should complete and submit your study within 30 days after the anticipated proposal date specified in the notice. 1990.141(a)(6) instructs that persons wishing OSHA to consider their own study should complete it within that 30‑day window.

• If your study arrives late, it may not be considered unless it meets the procedural requirements for new evidence or issues in 1990.145 (see also 1990.141(a)(7)).
• Follow any submission instructions in the Federal Register notice to ensure OSHA receives and can rely on your study.

OSHA requires that procedural requirements be met before it will consider substantial new issues or substantial new evidence. 1990.141(a)(7) directs OSHA to state those procedural requirements in the notice, and 1990.145 contains the applicable procedural rules.

• This means late or new materials must satisfy the procedures named in the notice (for example, timing or format) before OSHA will accept them into the record.

If OSHA decides to discontinue the feasibility study, it must publish a notice in the Federal Register within 30 days saying it has discontinued the study. 1990.141(b) requires this timely publication so affected parties know the study has ended.

• The discontinuation notice serves to close the study and inform stakeholders that OSHA is no longer pursuing that feasibility analysis at this time.

OSHA should specify the exposure levels or ranges it intends to examine in the feasibility study when possible. 1990.141(a)(2)(ii) requires the notice to include the levels of exposure being studied as part of the study scope.

• This helps employers and workers understand whether typical workplace exposures fall within the study parameters and whether to provide exposure or monitoring data.

OSHA should list or describe the industries that the study will affect as part of the scope. 1990.141(a)(2)(i) requires the notice to include affected industries when possible.

• The description may use industry names, NAICS codes, or operational descriptions so businesses and workers can determine if they are likely to be impacted.

No — "brief summary" means OSHA will provide a concise overview of the available health data, not a full compilation of all supporting studies in the notice itself. 1990.141(a)(3) requires a brief summary of health effects data.

• Interested parties should expect a short summary in the notice and should look to OSHA's docket or contact instructions in the notice for access to more detailed source documents.

No — the estimate is a projected timeframe, not a binding deadline for OSHA to issue a proposal. 1990.141(a)(4) requires OSHA to include an estimate of the anticipated proposal issuance, but the language identifies it as an estimate.

• Stakeholders should use the estimate for planning but not assume it creates a legal deadline for rulemaking actions.

The regulation requires OSHA to invite interested parties to provide relevant information but does not itself specify a single mandatory deadline for those submissions. 1990.141(a)(5) requires the invitation; the Federal Register notice typically gives specific submission instructions and deadlines.

• Always follow the submission timeline and instructions included in the actual Federal Register notice for that study.

Substantial new evidence submitted after the 30‑day window may only be considered if it meets the procedural requirements set out in the notice and 1990.145. 1990.141(a)(6) sets the 30‑day expectation for studies submitted by interested parties, and 1990.141(a)(7) points to procedural rules in 1990.145.

• If you plan to submit late evidence, check the notice’s procedural requirements and 1990.145 for whether and how late evidence may be accepted.

The purpose is to gather relevant data and viewpoints that can inform OSHA’s feasibility study and any potential regulatory proposal. 1990.141(a)(5) requires OSHA to invite interested parties to provide information.

• This helps OSHA assess economic and technological feasibility using input from employers, workers, researchers, and others with relevant evidence or perspectives.

The "anticipated completion date" is OSHA’s projected date for finishing the feasibility study and is included in the scope when feasible. 1990.141(a)(2)(iii) requires OSHA to provide this anticipated completion date where possible.

• This date is an estimate to help stakeholders plan; it is not a guaranteed deadline and may change as the study progresses.

The regulation requires a notice that summarizes key elements (substance name, scope, health data summary, timeline, and submission invitations) but does not require a full methodological exposition in the notice itself. 1990.141(a) and its subparts set the required notice contents.

• Detailed methods may be described in supporting documents in the OSHA docket or in the full study materials, while the Federal Register notice provides the essential information needed to inform and invite input.