What is...
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Acts & Legislation Relevant to OSHA Rulemaking
Occupational Safety & Health Act of 1970
(Public Law 91-596, December 29, 1970 with amendments through January 1, 2004) To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes. Be it enacted by the Senate and House of representatives of the United States of America in Congress assembled, That this Act may be cited as the “Occupational Safety and Health Act of 1970.” Other Acts
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Before OSHA can issue a standard, it must go through an extensive and lengthy process that includes substantial public engagement, notice and comment periods. This is known as OSHA's "rulemaking process." Browse the stages of the rulemaking process below to find out more information about each stage. Note the approximate time for each stop along the way. The information below the timeline explains more about the Agency's rulemaking activities and opportunities for you to participate.
OSHA can begin standards-setting procedures on its own initiative or in response to petitions from other parties, including:
- The Secretary of Health and Human Services (HHS);
- The National Institute for Occupational Safety and Health (NIOSH);
- State and local governments;
- Nationally recognized standards-producing organizations and employer or labor representatives; and
- Any other interested parties.
Each spring and fall, the Department of Labor publishes in the Federal Register a list of all standards and regulations that have work underway. The Regulatory Agenda provides a schedule for the development of standards and regulations so that employers, employees, and other interested parties can know when they are expected.
Stages of the Rulemaking Process | |||||
Stage 1 | Stage 2 | Stage 3 | Stage 4 | Stage 5 | Stage 6 |
Preliminary Rulemaking Activities | Development of the Proposed Rule | Publication of the Proposed Rule | Analysis of the Rulemaking Record | Development of the Final Rule | OMB Review and Publication of the Final Rule |
Approximate Time Required | |||||
9-24 months | 24-36 months | 2-12 months | 4-12 months | 12-24 months | 4 months |
Total Time: 4-1/2 to 9 years | |||||
Opportunities for Public Participation can include: | |||||
Respond to Request for Information
Comment on Advanced Notice of Proposed Rulemaking (ANPRM) |
SBREFA Panels
Stakeholder Meetings Host a worksite visit Meetings with employer, union and other stakeholders |
Comment on Proposed Rule
Participate in public hearings on the Proposed Rule & Submit comments during the post-hearing comment period |
Analysis of the rulemaking
record is conducted primarily by the Agency in preparation for the next steps of the rulemaking process |
Development of the
final rule is conducted primarily by the Agency as it moves forward with the rulemaking process. |
Participate in
post- promulgation activities |