“Aggressive Deregulatory Efforts” Include One Final Rule, Many Proposed Rules by OSHA
One final rule and 25 proposed rules were published by OSHA on Tuesday as part of what the Department of Labor describes as “aggressive deregulatory efforts.” The final rule is related to the role of a committee intended to advise OSHA’s assistant secretary of labor on construction standards and policy, and many of the proposed rules address respiratory protection requirements.
The final rule revokes 29 CFR 1911.10, which required the head of OSHA “to consult with the Advisory Committee on Construction Safety and Health (ACCSH) in the formulation of rules to promulgate, modify, or revoke standards applicable to construction work.” The rule also revokes the general regulations in 29 CFR 1912.3 that governed the committee, including its composition. OSHA’s website describes ACCSH as “a continuing advisory body established by statute” while the text of the final rule states that this week’s changes are intended to “remove unnecessary procedural requirements … which are not statutorily required.”
“[T]hese regulations impose requirements on the Assistant Secretary that are more burdensome than those mandated by statute, and compliance with these regulations would needlessly delay the Secretary of Labor's … regulatory agenda,” the Federal Register notice says.
One of OSHA’s new proposed rules seeks to amend the respiratory protection standard to remove some medical evaluation requirements for filtering-facepiece respirators (FFRs) and loose-fitting powered air-purifying respirators (PAPRs).
“The agency preliminarily concludes that there is not sufficient evidence to conclude that wearing FFRs and loose fitting PAPRs without a prior medical evaluation can result in unavoidable adverse outcomes, and that the assumption that medical evaluation effectively detects risk for adverse effects from the occupational use of FFRs and loose fitting PAPRs is unproven,” OSHA explains in the Federal Register.
Sixteen more proposed rules affect provisions regarding respiratory protection in some of OSHA’s substance-specific standards. For 13 substance-specific standards—including those for methylenedianiline, methylene chloride, lead, inorganic arsenic, ethylene oxide, cotton dust, coke oven emissions, cadmium, benzene, asbestos, 1,3-butadiene, 1,2-dibromo-3-chloropropane, and 13 carcinogens (4-nitrobiphenyl, etc.)—the agency is proposing to revise requirements to allow different types of respirators to be used. According to the Federal Register notices, these changes are intended to “better [align] these standards with OSHA's Respiratory Protection standard.” Proposed changes to the vinyl chloride and formaldehyde standards have to do with removing language or requirements that OSHA says are duplicative with its respiratory protection standard, and the changes proposed for the agency’s acrylonitrile standard are meant to clarify policies and procedures for employers when implementing a respiratory protection program in conjunction with the standard.
Other rules proposed by OSHA on July 1 aim to rescind the agency’s construction illumination requirements and remove the COVID-19 emergency temporary standard and its associated recordkeeping and reporting provisions from the Code of Federal Regulations. The agency has also withdrawn a proposal to add a column to the OSHA 300 Log to record work-related musculoskeletal disorders.
A separate proposed rule seeks to codify “the principle that the General Duty Clause does not authorize OSHA to prohibit, restrict, or penalize inherently risky activities that are intrinsic to professional, athletic, or entertainment occupations.” According to OSHA, sectors that may include workers engaged in “inherently risky employment activities” include live entertainment and performing arts, animal handling and performance, and professional and extreme sports. The proposal also lists “hazard-based media and journalism activities” as a sector for which the General Duty Clause may not require employers to remove hazards arising from “inherently risky” professional activities.
A full list of notices of the final rule and proposed rules published on July 1 can be found on the website of the Federal Register. OSHA is accepting comments on most of the proposed rules until Sept. 2, 2025.
