[Federal Register Volume 91, Number 106 (Wednesday, June 3, 2026)]
[Proposed Rules]
[Pages 33131-33133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-11126]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918, 1926, and 1928
[Docket Nos. OSHA-2025-0006; OSHA-2025-0009; OSHA-2025-0011; OSHA-2025-
0012; OSHA-2025-0013; OSHA-2025-0014; OSHA-2025-0015; OSHA-2025-0016;
OSHA-2025-0017; OSHA-2025-0018; OSHA-2025-0019; OSHA-2025-0020; OSHA-
2025-0021; OSHA-2025-0022;OSHA-2025-0023; OSHA-2025-0024; OSHA-2025-
0025; OSHA-2025-0026; and OSHA-2025-0072]
RINs 1218-AD54; 1218-AD55; 1218-AD56; 1218-AD57; 1218-AD58; 1218-AD59;
1218-AD60; 1218-AD61; 1218-AD62; 1218-AD63; 1218-AD64; 1218-AD65; 1218-
AD66; 1218-AD67; 1218-AD68; 1218-AD69; 1218-AD48; 1218-AD50; and 1218-
AD73
1,2-dibromo-3-chloropropane; 1, 3-Butadiene; 13 Carcinogens (4-
Nitrobiphenyl, etc.); Acrylonitrile; Asbestos; Benzene; Cadmium; Coke
Oven Emissions; Cotton Dust; Ethylene Oxide; Formaldehyde; Inorganic
Arsenic; Lead; Methylene Chloride; Methylenedianiline; Vinyl Chloride;
Amending the Medical Evaluation Requirements in the Respiratory
Protection Standard for Certain Types of Respirators; Safety Color Code
for Marking Physical Hazards; Textiles; Sawmills; Safety Color Code for
Marking Physical Hazards for Shipyard Employment; and Walking-Working
Surfaces
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; Notice of informal hearings.
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SUMMARY: OSHA is scheduling a series of informal public hearings on the
above-listed proposed rules. The public hearings will begin on August
19, 2026. All of the proposed rules listed in this notice were
published in the Federal Register on July 1, 2025, except for the
Walking-Working Surfaces proposal, which was published on April 6,
2026.
DATES: Informal public hearings: The hearings will be held virtually
and will begin August 19, 2026, at 9:30 a.m. The hearings will continue
on subsequent weekdays. The number of hearings days will be determined
by OSHA at a later date and will likely depend on the number of people
who wish to testify. Additional information on how to access the
informal hearings will be posted at https://www.osha.gov/deregulatory-rulemaking.
NOITA submission deadline: To testify, provide documentary
evidence, or question other witnesses at the hearing, interested
persons must electronically submit their Notice of Intention to Appear
(NOITA) on or before July 6, 2026.
Deadline for hearing materials: In addition, those who request more
than 10 minutes for their presentation at the informal hearing and
those who intend to submit documentary evidence at the hearing must
submit the full text of their testimony, as well as a copy of any
documentary evidence, no later than August 5, 2026.
ADDRESSES:
Notice of Intention To Appear (NOITA): A NOITA must be submitted
electronically at https://www.osha.gov/deregulatory-rulemaking. Follow
the instructions online for making electronic submissions. Interested
persons will have the ability to identify which of the rulemakings
involved in these hearings they wish to provide testimony on. Those who
file NOITAs must also submit electronic copies of all documents that
they intend to use or reference during their testimony. OSHA will
provide instructions for submitting testimony and documentary evidence
to those who file a NOITA.
Instructions: All submissions must include the agency's name and
the docket numbers for the relevant rulemakings. All comments,
including any personal information you provide, are placed in the
public docket without change and may be made available online at
https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public or
submitting materials that contain personal information (either about
themselves or others), such as Social Security Numbers and birthdates.
Docket: To read or download comments or other material in the
dockets, locate the docket number and docket link associated with the
rulemaking(s) of interest on https://www.osha.gov/deregulatory-rulemaking, and use that link to go to www.regulations.gov. All
comments and submissions are listed in the www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through that website. All comments and
submissions, including copyrighted material, are available for
inspection through the OSHA Docket Office. Documents submitted to the
docket by OSHA or stakeholders are assigned document identification
numbers (Document ID) for easy identification and retrieval. The full
Document ID is the docket number
[[Page 33132]]
plus a unique four or five-digit code. OSHA identified supporting
information in these NPRMs by author name and publication year, when
appropriate. This information can be used to search for a supporting
document in the docket at www.regulations.gov. Contact the OSHA Docket
Office at 202-693-2350 (TTY number: 877-889-5627) for assistance in
locating docket submissions.
FOR FURTHER INFORMATION CONTACT:
For press inquiries, ASL interpretation, and language translation
service requests: Contact Mr. Frank Meilinger, Director, Office of
Communications, Occupational Safety and Health Administration, U.S.
Department of Labor; telephone: (202) 693-1999; email:
[email protected].
For general information and technical inquiries: Contact Andrew
Levinson, Director, Directorate of Standards and Guidance, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone:
(202) 693-1950; email: [email protected].
SUPPLEMENTARY INFORMATION: The Occupational Safety and Health
Administration (OSHA) published a series of deregulatory proposed
rulemakings in the Federal Register on July 1, 2025, reflecting OSHA's
commitment to modernizing workplace safety standards, addressing
outdated regulations, and enhancing the flexibility of compliance
strategies across multiple industries. These efforts are aligned with
Executive Order 14192, ``Unleashing Prosperity Through Deregulation,''
which directs agencies to reduce compliance costs and eliminate
unnecessary regulatory burdens.
Changes to Respiratory Protection Requirements for 16 Different
Chemical Substances
Sixteen of the rules that OSHA proposed are related to respiratory
protection requirements for different chemical substances (1,2-dibromo-
3-chloropropane; 1, 3-Butadiene; 13 Carcinogens (4-Nitrobiphenyl,
etc.); Acrylonitrile; Asbestos; Benzene; Cadmium; Coke Oven Emissions;
Cotton Dust; Ethylene Oxide; Formaldehyde; Inorganic Arsenic; Lead;
Methylene Chloride; Methylenedianiline; and Vinyl Chloride). The intent
of each proposal is to reduce compliance burdens, allow for the use of
more up-to-date technology, and/or better align the rules with the
general Respiratory Protection standard (29 CFR 1910.134) to improve
the comprehensibility of the requirements for respiratory protection
programs for each chemical (90 FR 28263-28282; 90 FR 28286-28336; 90 FR
28349-28358).
Respiratory Protection: Medical Evaluations
OSHA also published a proposal to update the Respiratory Protection
Standard (29 CFR 1910.134) by removing the medical evaluation
requirements specified in the paragraph (e) for employees required to
wear either a filtering facepiece respirator (FFR) or loose-fitting
powered air-purifying respirator (PAPR) (90 FR 28463).
Safety Color Code for Marking Physical Hazards
OSHA also published a proposal to remove its Safety Color Code for
Marking Physical Hazards standard, 29 CFR 1910.144, as well as
paragraph (c)(8) of OSHA's Textiles standard, 29 CFR 1910.262;
paragraph (c)(11) of OSHA's Sawmills Standard, 29 CFR 1910.265; and
OSHA's Safety Color Code for Marking Physical Hazards for Shipyard
Employment Standard, 29 CFR 1915.90, which require compliance with 29
CFR 1910.144. These standards require that red be the basic color for
the identification of danger and stop, and that yellow be the basic
color for designating caution and for marking physical hazards such as
striking against, stumbling, falling, tripping, and caught-in-between.
In the proposal, OSHA stated, among other things, that these standards
are designed to address hazards that are sufficiently addressed by
other Federal, State, and local requirements (state and local building
and fire codes, OSHA's Specifications for Accident Prevention Signs and
Tags standard (29 CFR 1910.145). OSHA also stated that relying solely
on color to identify hazards is not effective for individuals with
color vision deficiencies (90 FR 28282).
Walking-Working Surfaces--Fixed Ladders
Finally, on April 6, 2026, OSHA published a proposed rule intended
to provide greater compliance flexibility for employers subject to the
requirements in OSHA's Walking-Working Surfaces standard (29 CFR,
Subpart D). OSHA proposed to remove a provision that sets a deadline
(November 18, 2036) for the installation of personal fall arrest
systems or ladder safety systems on all fixed ladders that extend more
than 24 feet above a lower level. OSHA anticipates this change will
allow employers to update their ladders when the ladders reach the end
of their service lives, significantly reducing costs and offering
greater flexibility (91 FR 17165).
Requests for Hearings
Several commenters requested public hearings on a number of the
rulemakings described above (e.g., OSHA-2025-0006-0318, OSHA-2025-0009-
0006, OSHA-2025-0013-0003, OSHA-2025-0019-0003). OSHA agrees to hold a
series of fully virtual public hearings, which will begin August 19,
2026, and continue on subsequent weekdays. Witnesses are welcome to
testify about any topics, issues, or concerns they have with the
proposed rules.
I. Informal Public Hearing--Purpose, Rules and Procedures
OSHA invites interested persons to participate in these rulemakings
by providing oral testimony and documentary evidence at the informal
public hearings to provide the agency with the best available evidence
to use in developing these final rules (see 29 CFR 1911.15(a) and 5
U.S.C. 553(c)). The public hearings will be virtual to provide the
opportunity for more stakeholders from across the country to
participate in and/or observe the hearing without the financial and
logistical burden of traveling to Washington, DC to attend in person.
An administrative law judge (ALJ) will preside over the hearing and
will resolve any procedural matters relating to the hearing. Although
the presiding officers of the hearings are ALJs and questioning of
witnesses is allowed on crucial issues, the proceedings are largely
informal and essentially legislative in purpose. Therefore, the
hearings provide interested persons with an opportunity to make oral
presentations in the absence of rigid procedures that could impede or
protract the rulemaking process. The hearings are not adjudicative
proceedings subject to the Federal Rules of Evidence. Instead, these
are informal administrative proceedings convened for the purpose of
gathering and clarifying information. Accordingly, questions of
relevance, procedure, and participation generally will be resolved in
favor of developing a clear, accurate, and complete record.
Although each ALJ presiding over the hearings makes no decision or
recommendation on the merits of these proposals, the ALJ has the
responsibility and authority necessary to ensure that the hearing
progresses at a reasonable pace and in an orderly manner. To ensure a
full and fair hearing, the ALJ has the power to regulate the course of
the proceedings; dispose of procedural requests, objections, and
comparable matters; confine presentations to matters
[[Page 33133]]
pertinent to the issues the proposed rule raises; use appropriate means
to regulate the conduct of persons present at the hearing; question
witnesses and permit others to do so; limit the time for such
questioning; and leave the record open for a reasonable time after the
hearing for the submission of additional data, evidence, comments, and
arguments from those who participated in the hearing (29 CFR 1911.16).
In addition, pursuant to 29 CFR 1911.4, the Assistant Secretary may, on
reasonable notice, issue additional or alternative procedures to
expedite the proceedings, to provide greater procedural protections to
interested persons, or to further any other good cause consistent with
applicable law.
At the close of the hearings, there will be a post-hearing comment
period during which those persons who submitted a NOITA may submit
final briefs, arguments, summations, and additional data and
information to OSHA.
II. Notice of Intention To Appear at the Hearing
Interested persons who intend to testify, provide documentary
evidence, or question other witnesses at the hearings must
electronically submit their NOITA via https://www.osha.gov/deregulatory-rulemaking on or before July 6, 2026 and in accordance
with the instructions in the ADDRESSES section earlier in this
document. The NOITA must provide the following information:
(1) Name, address, email address, and telephone number of each
individual who will give oral testimony;
(2) Name of the establishment or organization each individual
represents, if any;
(3) Occupational title and position of each individual testifying;
and
(4) A brief statement of the position each individual will take
with respect to the issues raised by each proposed rule the individual
intends to comment on.
The agency will consider the information in each submission when
setting the schedule for the hearings. Before the hearings, OSHA will
make the hearing procedures and schedule for the hearings available at
https://www.osha.gov/deregulatory-rulemaking and in each docket. OSHA
emphasizes that the hearings are open to the public; however, only
individuals who file a NOITA may testify at any hearing or question
witnesses.
Witnesses will be asked to specify the approximate amount of time
requested for each individual or group's testimony (5, 10, 15, or 20
minutes). Individuals or groups who request more than 10 minutes to
present their oral testimony at the hearings, or who will submit
documentary evidence at the hearings, must submit the full text of
their testimony and all documentary evidence no later than August 5,
2026. OSHA will provide instructions for submitting testimony and
documentary evidence to those who file a NOITA. The agency will review
each submission. If OSHA believes the requested time is excessive, the
agency will allocate an appropriate amount of time for the
presentation. Any participant who fails to comply substantially with
these procedural requirements may be limited to a 5-minute
presentation. Before the hearings, OSHA will notify participants of the
time the agency will allow for their presentation and, if less than
requested, the reasons for its decision.
III. Certification of the Hearing Record and Agency Final Determination
Following the close of the hearings and the post-hearings comment
period, the ALJ will certify the record to the Assistant Secretary of
Labor for Occupational Safety and Health. The record will consist of
all written comments and oral testimony as well as documentary evidence
received during the proceedings. The ALJ, however, will not make or
recommend any decisions as to the content of the final standards.
Following certification of the record, OSHA will review all of the
evidence received into each record and will issue final rules based on
each record as a whole.
Authority and Signature
This document was prepared under the direction of David Keeling,
Assistant Secretary of Labor for Occupational Safety and Health. It is
issued under the authority of sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 657), 5 U.S.C.
553, Secretary of Labor's Order No. 07-2025 (90 FR 27878), and 29 CFR
part 1911.
Dated: May 26, 2026.
David Keeling,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2026-11126 Filed 6-2-26; 8:45 am]
BILLING CODE 4510-26-P