[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Proposed Rules]
[Pages 94631-94632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27897]
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DEPARTMENT OF LABOR
[Docket No. OSHA-2021-0009]
Occupational Safety and Health Administration
29 CFR Part 1910, 1915, 1917, 1918, 1926, and 1928
RIN 1218-AD39
Heat Injury and Illness Prevention in Outdoor and Indoor Work
Settings
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period; notice of informal hearing.
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SUMMARY: OSHA is extending the period for submitting comments by 15
days until January 14, 2025, to allow stakeholders interested in the
NPRM on Heat Injury and Illness Prevention in Outdoor and Indoor Work
Settings additional time to review the NPRM and collect information and
data necessary for comment. In addition, OSHA is scheduling an informal
public hearing on this proposed rule. The public hearing will begin
June 16, 2025. The proposed rule was published in the Federal Register
on August 30, 2024.
DATES: The comment period for the NPRM that was published at 89 FR
70698 on August 30, 2024, is extended. Comments on any aspect of the
NPRM must be submitted by January 14, 2025.
Informal public hearing: The hearing will be held virtually and
will begin June 16, 2025, at 9:30 a.m. If necessary, the hearing will
continue on subsequent weekdays. Additional information on how to
access the informal hearing will be posted at https://www.osha.gov/heat-exposure/rulemaking. To testify or question other witnesses at the
hearing, interested persons must electronically submit their Notice of
Intention to Appear (NOITA) on or before May 2, 2025. 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 May 23, 2025.
ADDRESSES:
Submission of comments: You may submit comments and attachments,
identified by Docket No. OSHA-2021-0009, electronically at
www.regulations.gov, which is the Federal e-Rulemaking Portal. Follow
the online instructions for making electronic submissions. The Federal
e-Rulemaking Portal at www.regulations.gov is the only way to submit
comments on this NPRM.
Notice of Intention to Appear (NOITA): A NOITA must be submitted
electronically at www.osha.gov/heat-exposure/rulemaking. Follow the
instructions online for making electronic submissions. Those who file
NOITAs must also submit electronic copies of all documents that they
intend to use or reference during their testimony. Information about
how and when to submit these materials will be provided at the time of
registration.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2021-0009). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
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
docket, go to Docket No. OSHA-2021-0009 at 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 plus a unique four or five-digit code.
OSHA is identifying supporting information in this NPRM 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:
meilinger.francis2@dol.gov.
For general information, technical, and hearing inquiries: Contact
James Frederick, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, Occupational Safety and Health Administration, U.S.
Department of Labor; telephone: (202) 693-1950; email:
osha.dsg@dol.gov.
SUPPLEMENTARY INFORMATION:
On August 30, 2024, OSHA published in the Federal Register a Notice
of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in
Outdoor and Indoor Work Settings. The proposed standard would apply to
all employers conducting outdoor and indoor work in all general
industry, construction, maritime, and agriculture sectors where OSHA
has jurisdiction. The standard would require employers to create a plan
to evaluate and control heat hazards in their workplace. It would
clarify employer obligations and the steps necessary to effectively
protect employees from hazardous heat.
The public comment period for the NPRM was to close on December 30,
2024, 120 days after publication of the NPRM. However, OSHA received
requests from stakeholders to extend the public comment period (see,
e.g., Document ID 18667, 18380, 18373, 18664). Stakeholders requested
additional time to carefully review the questions in the NPRM, gather
data, and prepare their submissions. Several noted that the current
deadline falls during the holiday season, when personal schedules may
make finalizing comments difficult.
OSHA agrees to an extension of the public comment period and
believes a 15-day extension is sufficient and appropriate to balance
the agency's need for stakeholder input with the agency's desire to
proceed with the rulemaking in a timely manner. The comment period
extension will also avoid the comment deadline falling during the
holiday season. Therefore, OSHA is extending the public comment period
until January 14, 2025.
Additionally, several commenters (see, e.g., Document ID 18377,
18373, 18345) requested that OSHA hold a public hearing. OSHA agrees to
hold a fully virtual public hearing, which will begin June 16, 2025,
and continue on
[[Page 94632]]
subsequent weekdays, if necessary. Witnesses are welcome to testify
about any topics, issues, or concerns they have with the proposed rule.
I. Informal Public Hearing--Purpose, Rules and Procedures
OSHA invites interested persons to participate in this rulemaking
by providing oral testimony and documentary evidence at the informal
public hearing to provide the agency with the best available evidence
to use in developing a final rule. The public hearing will be fully
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.
Pursuant to 29 CFR 1911.15(a) and 5 U.S.C. 553(c), members of the
public have an opportunity at the informal public hearing to provide
oral testimony and evidence on issues raised by the proposal. An
administrative law judge (ALJ) will preside over the hearing and will
resolve any procedural matters relating to the hearing.
OSHA's regulation governing public hearings (29 CFR 1911.15)
establishes the purpose and procedures of informal public hearings.
Although the presiding officer of the hearing is an ALJ and questioning
of witnesses is allowed on crucial issues, the proceeding is largely
informal and essentially legislative in purpose. Therefore, the hearing
provides interested persons with an opportunity to make oral
presentations in the absence of rigid procedures that could impede or
protract the rulemaking process. The hearing is not an adjudicative
proceeding subject to the Federal Rules of Evidence. Instead, it is an
informal administrative proceeding 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 the ALJ presiding over the hearing makes no decision or
recommendation on the merits of the proposal, 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 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 hearing, 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 provide oral testimony or
documentary evidence at the hearing must file a written NOITA prior to
the hearing and in accordance with the instructions in the ADDRESSES
section earlier in this document. To testify or question other
witnesses at the hearing, interested persons must electronically submit
their NOITA on or before May 2, 2025. 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 the proposed rule.
The agency will consider the information in each submission when
setting the hearing schedule. Before the hearing, OSHA will make the
hearing procedures and hearing schedule available at https://www.osha.gov/heat-exposure/rulemaking and in the docket. OSHA
emphasizes that the hearing is open to the public; however, only
individuals who file a NOITA may testify at the hearing.
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 hearing or who will submit
documentary evidence at the hearing must submit the full text of their
testimony and all documentary evidence no later than May 23, 2025. The
agency will review each submission and determine if the information it
contains warrants the amount of time the individual requested for the
presentation. If OSHA believes the requested time is excessive, the
agency will allocate an appropriate amount of time for the
presentation. The agency also may limit to 5 minutes the presentation
of any participant who fails to comply substantially with these
procedural requirements and may request that the participant return for
questioning at a later time. Before the hearing, 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 hearing and the post-hearing 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, oral testimony, and documentary evidence received
during the proceeding. The ALJ, however, will not make or recommend any
decisions as to the content of the final standard. Following
certification of the record, OSHA will review all the evidence received
into the record and will issue the final rule based on the record as a
whole.
Authority and Signature
This document was prepared under the direction of Douglas L.
Parker, Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210. 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, 657); 5 U.S.C. 553; Secretary of Labor's Order No. 8-2020 (85
FR 58393); and 29 CFR part 1911.
Signed at Washington, DC, on November 20, 2024.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-27897 Filed 11-27-24; 8:45 am]
BILLING CODE 4510-26-P
