The following is OSHA’s construction regulatory agenda as published for Fall 2025 for upcoming regulatory activity impacting construction industry employers.
A bullet (¤) preceding the title of an entry indicates that the entry represents the start of a new rulemaking cycle.
| Prerule stage | ||
|---|---|---|
| Proposed rule stage | ||
| DOL/OSHA | Communication Tower Safety | 1218-AC90 |
| DOL/OSHA | Welding in Construction Confined Spaces | 1218-AD23 |
| DOL/OSHA | Walking Working Surfaces | 1218-AD28 |
| DOL/OSHA | Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings | 1218-AD39 |
| DOL/OSHA | OSHA Standards Improvement Project 2025 | 1218-AD49 |
| Final rule stage | ||
| DOL/OSHA | Powered Industrial Trucks Design Standard Update | 1218-AD26 |
| DOL/OSHA | Procedures for Handling of Retaliation Complaints Under the Whistleblower Protection Statutes | 1218-AD30 |
| DOL/OSHA | Procedures for the Handling of Retaliation Complaints Under the Anti-Money Laundering Act | 1218-AD37 |
| DOL/OSHA | Procedures for the Handling of Retaliation Complaints Under the Criminal Antitrust Anti-Retaliation Act | 1218-AD44 |
| DOL/OSHA | RIN: 1218-AC90 | Publication ID: Spring 2025 |
| Abstract: While the number of employees engaged in the communication tower industry remains small, the fatality rate is very high. Over the past 20 years, this industry has experienced an average fatality rate that greatly exceeds that of the construction industry. Due to recent FCC spectrum auctions and innovations in cellular technology, there will be a very high level of construction activity taking place on communication towers over the next few years. A similar increase in the number of construction projects needed to support cellular phone coverage triggered a spike in fatality and injury rates years ago. Based on information collected from an April 2015 Request for Information (RFI), OSHA concluded that current OSHA requirements such as those for fall protection and personnel hoisting, may not adequately cover all hazards of communication tower construction and maintenance activities. OSHA will use information collected from a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel to identify effective work practices and advances in engineering technology that would best address industry safety and health concerns. The Panel carefully considered the issue of the expansion of the rule beyond just communication towers. OSHA will continue to consider also covering structures that have telecommunications equipment on or attached to them (e.g., buildings, rooftops, water towers, billboards). | ||
| Agency: Department of Labor(DOL) | Priority: Other Significant | |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage | |
| Major: Undetermined | Unfunded Mandates: Undetermined | |
| CFR Citation: 29 CFR 1926; 29 CFR 1910 | ||
| Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609 | ||
| Legal Deadline: | ||
| Action | Source | Description | Date |
|---|---|---|---|
| Other | Statutory | Request for Information | 06/30/2014 |
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| Request for Information (RFI) | 04/15/2015 | 80 FR 20185 |
| RFI Commend Period End | 06/15/2015 | |
| Initiate SBREFA | 01/04/2017 | |
| Initiate SBREFA | 05/31/2018 | |
| Complete SBREFA | 10/11/2018 | |
| NPRM | 03/00/2024 |
| Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Local, State | |
| Small Entities Affected:Businesses | Federalism: No | |
| Included in the Regulatory Plan: No | ||
| RIN Data Printed in the FR: Yes | ||
| Agency Contact: Scott Ketcham Director, Directorate of Construction Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW., Room N-3468, FP Building, Washington, DC 20210 Phone:202 693-2020 Fax:202 693-1689 Email: ketcham.scott@dol.gov | ||
| DOL/OSHA | RIN: 1218-AD39 | Publication ID: Spring 2025 |
| Heat is the leading weather-related killer, and it is becoming more dangerous as 18 of the last 19 years were the hottest on record. Excessive heat can cause heat stroke and even death if not treated properly. It also exacerbates existing health problems like asthma, kidney failure, and heart disease. Workers in agriculture and construction are at highest risk, but the problem affects all workers exposed to heat, including indoor workers without climate-controlled environments. Essential jobs where employees are exposed to high levels of heat are disproportionately held by Black and Brown workers. Heat stress killed 815 U.S. workers and seriously injured more than 70,000 workers from 1992 through 2017, according to the Bureau of Labor Statistics. However, this is likely a vast underestimate, given that injuries and illnesses are under reported in the U.S., especially in the sectors employing vulnerable and often undocumented workers. Further, heat is not always recognized as a cause of heat-induced injuries or deaths and can easily be misclassified, because many of the symptoms overlap with other more common diagnoses. To date, California, Washington, Minnesota, and the US military have issued heat protections. OSHA currently relies on the general duty clause (OSH Act section 5(a))(1)) to protect workers from this hazard. Notably, from 2013 through2017, California used its heat standard to conduct 50 times more inspections resulting in a heat-related violation than OSHA did nationwide under its general duty clause. It is likely to become even more difficult to protect workers from heat stress under the general duty clause in light of the 2019 Occupational Safety and Health Review Commission’s decision in Secretary of Labor v. A.H. Sturgill Roofing, Inc. OSHA was petitioned by Public Citizen for a heat stress standard in 2011. The Agency denied this petition in 2012, but was once again petitioned by Public Citizen, on behalf of approximately 130 organizations, for a heat stress standard in 2018 and 2019. Most recently in 2021, Public Citizen petitioned OSHA to issue an emergency temporary standard on heat stress. OSHA is still considering these petitions and has neither granted nor denied to date. In 2019 and 2021, some members of the Senate also urged OSHA to initiate rulemaking to address heat stress. Given the potentially broad scope of regulatory efforts to protect workers from heat hazards, as well as a number of technical issues and considerations with regulating this hazard (e.g., heat stress thresholds, heat acclimatization planning, exposure monitoring, medical monitoring), OSHA published an ANPRM on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings (October 27, 2021) to begin a dialogue and engage with stakeholders to explore the potential for rulemaking on this topic. For additional information, please see the Department’s fall regulatory plan narrative statement. | ||
| Agency: Department of Labor(DOL) | Priority: Section 3(f)(1) Significa | |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Stage | |
| Major: Yes | Unfunded Mandates: No | |
| CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations.) | ||
| Legal Authority: Not yet determined | ||
| Legal Deadline: None | ||
| Statement of Need: Heat stress killed more than 900 US workers, and caused serious heat illness in almost 100 times as many, from 1992 through 2017, according to the Bureau of Labor Statistics. However, this is likely a vast underestimate, given that injuries and illnesses are underreported in the US, especially in the sectors employing vulnerable and often undocumented workers. Further, heat is not always recognized as a cause of heat-induced illnesses or deaths, which are often misclassified, because many of the symptoms overlap with other more common diagnoses. | ||
| Summary of the Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651). | ||
| Alternatives: One alternative to proposed rulemaking would be to take no regulatory action and instead rely upon the General Duty Clause (OSH Act Section 5(a)(1) for select enforcement activity). As OSHA develops more information, it will also make decisions relating to the scope of the standard and the requirements it may impose. | ||
| Anticipated Costs and Benefits: The estimates of costs and benefits are still under development. | ||
| Risks: Analysis of risks is still under development. | ||
| Current Status: On April 24, 2024, OSHA presented to the Advisory Committee on Construction Safety and Health (ACCSH) the Agency’s framework for this proposed rule, in accordance with 29 CFR 1911.10(a) which requires the Assistant Secretary to provide ACCSH with any proposal (along with pertinent factual information) affecting construction work and give ACCSH an opportunity to submit recommendations. ACCSH passed unanimously a motion recommending that OSHA proceed expeditiously with proposing a standard on heat injury and illness prevention. 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 publication of the NPRM in the Federal Register began a public comment period that was extended until January 14, 2025. When the agency extended the public comment period, it also announced an informal public hearing to receive additional public input on the proposed standard. Public comments will help the agency develop a final rule that adequately protects workers, is feasible for employers, and is based on the best available evidence. | ||
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| ANPRM | 10/27/2021 | 86 FR 59309 |
| ANPRM Comment Period Extended | 12/02/2021 | 86 FR 68594 |
| ANPRM Comment Period Extended End | 01/26/2022 | |
| Initiate SBREFA | 06/02/2023 | |
| Complete SBREFA | 11/03/2023 | |
| NPRM Comment Period End | 01/14/2025 | |
| Informal Public Hearing | 06/16/2025 |
| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined | |
| Federalism: No | ||
| Included in the Regulatory Plan: Yes | ||
| RIN Data Printed in the FR: No | ||
| Agency Contact: Andrew Levinson Deputy Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW., FP Building, Room N-3718, Washington, DC 20210 Phone: 202 693-1950 Email: levinson.andrew@dol.gov | ||
| DOL/OSHA | RIN: 1218-AD23 | Publication ID: Spring 2025 |
| Abstract: OSHA is proposing to amend the Welding and Cutting Standard in construction to eliminate any perceived ambiguity about the definition of “confined space” that applies to welding activities in construction. On May 4, 2015, when OSHA published the final rule for Confined Spaces in Construction, a new subpart was added to provide protections to employees working in confined spaces in construction. This new subpart replaced OSHA’s one training requirement for confined space work with a comprehensive standard that includes a permit program designed to protect employees from exposure to many hazards associated with work in confined spaces, including atmospheric and physical hazards. The explanation of the final rule also discusses in detail how the Welding and Cutting Standard in Construction works together with the confined spaces standard regarding the application of their respective requirements. Although the confined spaces standard states that it encompasses welding activities, the welding standard itself does not expressly identify a definition of “confined space”. OSHA will conduct a rulemaking to eliminate any perceived ambiguity about the definition of confined space that applies to welding activities in construction. | ||
| Agency: Department of Labor(DOL) | Priority: Other Significant | |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage | |
| Major: Undetermined | Unfunded Mandates: No | |
| CFR Citation: 29 CFR 1926.353 | ||
| Legal Authority: sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); secs. 4, 6 and 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655 and 657); Secretary of Labor’s Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as applicable | ||
| Legal Deadline: None | ||
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 02/00/2024 |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None | |
| Federalism: No | ||
| Included in the Regulatory Plan: No | ||
| RIN Data Printed in the FR: No | ||
| Agency Contact: Scott Ketcham Director, Directorate of Construction Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW., Room N-3468, FP Building, Washington, DC 20210 Phone: 202 693-2020 Fax: 202 693-1689 Email: ketcham.scott@dol.gov | ||
| DOL/OSHA | RIN: 1218-AD28 | Publication ID: Spring 2025 |
| Abstract: OSHA has received feedback from stakeholders indicating that several regulatory provisions of the 2016 final rule on Walking-Working Surfaces (81 FR 82494) are unclear. The agency plans to correct a formatting error in Table D-2 and also revise the language of the requirements for stair rail systems to make them clearer and reflect OSHA’s original intent. | ||
| Agency: Department of Labor(DOL) | Priority: Substantive, Nonsignificant | |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage | |
| Major: No | Unfunded Mandates: No | |
| CFR Citation: 29 CFR 1910.28(b)(11)(ii); 29 CFR 1910.29(f)(1) | ||
| Legal Authority: Not Yet Determined | ||
| Legal Deadline: None | ||
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 05/20/2021 | 86 FR 27332 |
| NPRM Comment Period End | 07/19/2021 | |
| NPRM Re-Open the Rulemaking Record | 11/00/2023 |
| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined | |
| Small Entities Affected:Businesses | Federalism: No | |
| Included in the Regulatory Plan: No | ||
| RIN Data Printed in the FR: No | ||
| Agency Contact: Andrew Levinson Deputy Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW., FP Building, Room N-3718, Washington, DC 20210 Phone: 202 693-1950 Email: levinson.andrew@dol.gov | ||
OSHA's Standards Improvement Projects (SIPs) are intended to remove, modernize, or narrow duplicative, unnecessary, or overly burdensome regulatory provisions. The project examines multiple standards covering general industry, as well as maritime, construction, and agricultural industries.
Status: A proposed rule is projected for May 2026.
This interim final text governs the anti-retaliation provisions of the Anti-Money Laundering Act (AMLA) of 2020. This law prohibits employers from retaliating against certain whistleblowers who report potential money laundering-related violations to the federal government, Congress, their supervisors, or who testify, cause to be filed, or participate in, or otherwise assist in an investigation or proceeding relating to potential money laundering-related violations.
Status: A final rule is projected for May 2026.
OSHA is promulgating procedures for the efficient handling and investigation of complaints pursuant to the Criminal Antitrust Anti-Retaliation Act of 2019. This law prohibits employers from retaliating against certain whistleblowers who report criminal antitrust violations to the federal government or their supervisors, or who cause to be filed, testify or participate in, or otherwise assist in an investigation or proceeding relating to a violation of antitrust laws. The law’s whistleblower protections cover employees, contractors, subcontractors, and agents.
Status: A final rule is projected for May 2026.
OSHA is promulgating an interim final rule to update the procedures for handling and investigation of retaliation complaints under several whistleblower protection statutes. The updates would make the investigation procedures consistent among the statutes and make the process accessible for employers and employees by providing uniform standards with regard to various procedural issues including the sharing of the information between the parties during the investigation and the ability of the agency to serve findings by electronic means. Recent changes to the Pipeline Safety Improvement Act (PSIA) and the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) resulting from the Consolidated Appropriations Act, 2021 will also be addressed. Promulgation of this procedural rule will aid OSHA’s efficient processing of complaints under the whistleblower statutes.
Status: OSHA intends to publish an interim final rule in January 2026.
OSHA makes extensive use of subpoenas to gather evidence and interview witnesses during its investigations. This subpoena practice raises recurrent issues which lead to time-consuming disputes between the agency and employers. OSHA intends to adopt a regulation addressing the use of subpoenas during OSHA investigations to provide helpful clarity to the agency and the regulated public on these issues, while promoting transparency and uniform subpoena practice across the agency.
Status: The agency has not issued a proposed rule. An interim final rule is projected for November 2025.
| DOL/OSHA | RIN: 1218-AD26 | Publication ID: Spring 2025 |
| Abstract: OSHA is proposing to update its reference to the ANSI B56.1-1969 Safety Standard for Powered Industrial Trucks found in its powered industrial truck standards to also include the latest version of ANSI/ITSDF B56.1a-2018, Safety Standard for Low Lift and High Lift Trucks. This rulemaking will incorporate by reference the consensus standard provisions related to the design and construction of powered industrial trucks, and is a continuation of OSHA’s ongoing effort to update references to consensus standards published by standards-developing organizations. The purpose of these rulemakings is to improve worker safety and health by ensuring that consensus standards referenced in OSHA rules address current industry practice and state-of-the-art technology. In a separate action (RIN 1218-AC99), OSHA is collecting information to evaluate the need to update requirements related to the maintenance and use of powered industrial trucks and training of operators. | ||
| Agency: Department of Labor(DOL) | Priority: Substantive, Nonsignificant | |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage | |
| Major: No | Unfunded Mandates: No | |
| CFR Citation: 29 CFR 1910.178; 29 CFR 1926.602 | ||
| Legal Authority: Not Yet Determined | ||
| Legal Deadline: None | ||
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 02/15/2022 | 87 FR 8755 |
| NPRM Comment Period End | 05/17/2022 | |
| Final Rule | 11/00/2025 |
| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined | |
| Small Entities Affected: Businesses | Federalism: No | |
| Included in the Regulatory Plan: No | ||
| RIN Data Printed in the FR: No | ||
| Related RINs: Related to 1218-AC99 | ||
| Agency Contact: Andrew Levinson Deputy Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW., FP Building, Room N-3718, Washington, DC 20210 Phone: 202 693-1950 Email: levinson.andrew@dol.gov | ||
| DOL/OSHA | RIN: 1218-AD40 | Publication ID: Spring 2025 |
| Abstract: In 2016, OSHA finalized a rule which, among other things, required certain establishments to electronically submit certain case-specific injury and illness information to OSHA each year (81 FR 29624 (May 12, 2016)). Approximately, three years later, the agency rescinded the requirements to submit the case-specific information (84 FR 380 (January 25, 2019)). On March 30, 2022, OSHA published a Notice of Proposed Rulemaking which would amend its occupational injury and illness recordkeeping regulation to again require certain employers to annually electronically submit injury and illness information (87 FR 18528). Specifically, OSHA proposed to amend its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year. Under the proposal, establishments with 20 or more employees in certain industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. OSHA also proposed to update the classification system used to determine the list of industries covered by the electronic submission requirement. OSHA proposed to remove the current requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A to OSHA on an annual basis. The Final rule retained the requirement for all establishments with 250+ employees to submit Form 300A summary data and updated the classification system used to determine the list of covered industries in Appendix A with a Total Case Rate of 3.5 or higher OR a DART rate of 2.25 or higher OR a fatality rate of 5.7 or higher (additional criteria resulted in the addition of 6 industries). | ||
| Agency: Department of Labor(DOL) | Priority: Other Significant | |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage | |
| Major: No | Unfunded Mandates: No | |
| CFR Citation: 29 CFR 1904.41 | ||
| Legal Authority: 29 U.S.C. 657 | ||
| Legal Deadline: None | ||
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 03/30/2022 | 87 FR 18528 |
| NPRM Comment Period Extended | 05/25/2022 | 87 FR 31793 |
| NPRM Comment Period Extended End | 06/30/2022 | |
| Final Rule | 07/21/2023 | 88 FR 47254 |
| Final Rule Effective | 01/01/2024 |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Local, State | |
| Federalism: No | ||
| Included in the Regulatory Plan: No | ||
| RIN Data Printed in the FR: No | ||
| Agency Contact: Lee Anne Jillings Director, Directorate of Technical Support and Emergency Management Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW., FP Building, Room N-3653, Washington, DC 20210 Phone: 202 693-2300 Fax: 202 693-1644 Email: jillings.leeanne@dol.gov | ||