How OSHA Makes New Rules

OSHA standards don’t appear overnight. A new rule goes through a public process under the Occupational Safety and Health Act, and anyone, including workers and small businesses, can take part. The process is slow on purpose, which is why many hazards have no specific standard yet.

Where new rules come from

The usual steps

  1. Study: OSHA gathers science, injury data, costs and how workplaces would change. It must show the hazard is a significant risk and that the rule is feasible.
  2. Request for information or advance notice: sometimes OSHA asks the public for early input.
  3. Proposed rule (Notice of Proposed Rulemaking): published in the Federal Register with the draft text and the reasons.
  4. Public comment: usually 60 to 90 days or more. Anyone can send written comments online at regulations.gov.
  5. Public hearing: held if people request one, where witnesses testify and are questioned.
  6. Review of the record: OSHA responds to the comments, changes the rule where needed, and sends it for review within the executive branch.
  7. Final rule: published with its effective date and any phase-in dates for different parts, and often later dates for small employers.

The whole process can take years. Small-business impacts get special review for some rules under federal law, including input from small business representatives.

Emergency temporary standards

OSHA can issue an emergency temporary standard without the full process when workers face a grave danger from a substance or hazard and an emergency rule is necessary. It takes effect right away, then must be replaced by a permanent rule within about six months. These are rare and are often challenged in court.

Challenges and changes

Tracking rules in progress

Examples of long rulemakings include silica, beryllium, walkaround representatives and heat illness prevention. Check the status of any proposal directly, because it can change. See Heat Illness, State Heat Rules and Walkaround Representatives.

How you can take part

While you wait for a rule

Even when no specific standard exists, the General Duty Clause requires employers to protect workers from recognized serious hazards. OSHA also issues guidance and letters of interpretation. See Letters of Interpretation, Reading a Standard and Construction Standards (1926).

Quick check

Standards & references

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