Rulemaking Process

OSHA makes rules to protect workers from hazards at work that can cause them to get injured or become sick. The process of making rules is called rulemaking and it gives stakeholders many opportunities to make their voices heard.

There are several factors that cause an agency to begin rulemaking, including:

  • New technologies or practices that better protect workers;
  • Injuries/illness affecting workers;
  • Recommendations from Congressional or federal advisory committees;
  • Petitions or lawsuits initiated by labor, management, or professional organizations;
  • Direction from the President;
  • Requests from other agencies;
  • Studies, new research, and recommendations of agency staff

Each agency updates their plans for the development of rules, which can be viewed at RegInfo.gov and Regulations.gov.

Public Participation

OSHA relies on public comments, including those from employers, workers, unions, and experts in health and safety, to develop rules that make the workplace safer. Comments from workers are especially important because workers often know the most about hazards on the job and how to fix the hazards. All workers, regardless of skill, level, status, education, or language, are needed to make the workplace safer.

Examples where public involvement helped shape regulations include:

  • In 2014, OSHA revised its regulations related to vertical tandem lifts (VTL) based on comments received from a trade association alerting the agency to technological infeasibility of two requirements. The involvement of stakeholders helped the agency change its VTL regulations to provide adequate safety for workers while maintaining feasibility for employers.

  • In response to the proposed rule on silica, workers told OSHA that they feared being retaliated or discriminated against if employers knew they had an illness. To address workers' concerns, the final rule on silica limited the types of information that the healthcare provider conducting medical exams on workers could provide in the report to the employer without the workers' permission.

When submitting comments on rulemaking, tell OSHA:

  • What are the hazards in your workplace?
  • How did you get hurt or sick?
  • What has worked to make your workplace safer?
  • What can OSHA do to make your workplace safer?

Engagement Opportunities

What happens at this stage?
OSHA collects and analyzes information on a safety or health hazard to determine if a rule is needed. The agency meets with the public and often asks them to comment and submit data through two types of documents it publishes ― a Request for Information (RFI) or Advanced Notice of Proposed Rulemaking (ANPRM). Public comments help OSHA develop a proposed rule. RFIs are generally used when OSHA is determining whether to proceed with regulation and, if so, what genearl approach to take. ANPRMs are generally used when the agency has developed multiple regulatory options and seeks input on which option to propose.
Opportunities for engagement:
Testifying and commenting

  • The public may be asked to speak at meetings such as those of federal advisory committees, stakeholder meetings, or send in written comments related to the topics discussed.

  • Each RFI, ANPRM, and NPRM is published in the Federal Register, the official journal of the federal government. RFIs or ANPRMs, and NPRMs announce a comment period when the public can submit written comments, data, and answers to questions posed by the agency.
What happens at this stage?

OSHA develops a Notice of Proposed Rulemaking (NPRM) that proposes new rules or changes to existing rules. In addition, the NPRM explains the basis and purpose of the new rule or changes to a rule. OSHA continues communication with stakeholders, consults with advisory committees, and conducts Small Business Regulatory Enforcement Fairness Act (SBREFA) meetings. The NPRM is then published in the Federal Register for viewing by the public.

Opportunities for engagement:
Testifying and commenting

  • The public may be asked to speak at meetings such as those of federal advisory committees, stakeholder meetings, or send in written comments related to the topics discussed.

  • Each RFI, ANPRM, and NPRM is published in the Federal Register, the official journal of the federal government. RFIs or ANPRMs, and NPRMs announce a comment period when the public can submit written comments, data, and answers to questions posed by the agency.
SBREFA

The SBREFA process allows small business employers to let OSHA know how the proposed rule will affect their businesses.

Testifying at public hearings

If OSHA holds a public hearing, the schedule for the hearing is published in the Federal Register, with detailed information on how to participate, including instructions for submitting Notices of Intention to appear (NOITA) for those that wish to speak and ask questions.

What happens at this stage?

OSHA analyzes the rulemaking record leading to the rule, including all public comments and other information the agency has collected to develop the final rule, which presents:

  • An explanation of the rule's requirements including OSHA's analysis that support its decisions

  • OSHA's responses to the public comments on the NPRM

  • The dates when the rule becomes effective and employers must start complying
What happens at this stage?

OSHA publishes the final rule in the Federal Register and performs outreach activities to help the public understand the rule.

How to Comment

You can help shape regulations by commenting on proposed rules published in the Federal Register. You can submit comments:

The rule published in the Federal Register will provide details on where to send comments.

The most helpful comments clearly communicate whether you are for or against the proposed action, why, and how it impacts you. Below are some tips:

  1. Plan Ahead. The comment period closes at 11:59 p.m. Eastern Time on the date comments are due.
  2. Contact OSHA. If you have questions or do not understand a part of the document, reach out to the contact person listed on the Federal Register before submitting your comment.
  3. Tell us your story. In your comment, tell us how the issue impacts you, other workers, or your industry. Provide as much detail as possible. Please include any ideas or suggestions you have for addressing the issue.

Remember, you do not have to comment on every question or section of the document. If there are parts where you agree and other sections where you disagree, please let us know. We want to know what you think is most effective in protecting workers' safety and health.

Your comments help OSHA understand the hazards in the workplace and ways to better protect workers.

For more information about commenting effectively, check out the full list of Tips for Submitting Effective Comments on Regulations.gov.

Additional Resources