Twice a year, the federal government publishes a summary of current regulatory activity occurring in the departments and agencies under its jurisdiction. The following is an overview of OSHA’s major projects as outlined in the Fall 2024 agenda and other developments:
On July 20, 2023, OSHA published its Personal Protective Equipment (PPE) in Construction proposed rule. It clarifies that PPE must fit each worker properly and aligns the language in OSHA’s PPE standard for construction with its standards for general industry and maritime. The failure of standard-sized PPE to sufficiently protect physically smaller construction workers has long been an industry concern, the agency explains.
Status: The final rule was published in the Federal Register on December 12, 2024, and took effect January 13, 2025.
OSHA is proposing to add references to ANSI/ITSDF B56.1-2020, B56.5-2019, and B56.6-2021 in 29 CFR 1910.178. In this way, the rulemaking will incorporate by reference the consensus standard provisions related to the design and construction of powered industrial trucks. The agency also proposes to allow employers to simply demonstrate that the truck they use was designed and constructed in a manner that provides employee protection that is “at least as effective as” the standards incorporated by reference.
Status: The proposed rule appeared in the February 16, 2022, Federal Register. OSHA considers this rulemaking important, but not a priority. OSHA anticipates publication of the rule in February 2025.
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. Instead, the agency agenda pegs publication of an interim final rule by June 2025.
In accordance with Executive Order 13999 on Protecting Worker Health and Safety (January 21, 2021), OSHA issued an emergency temporary standard to address the grave danger of COVID-19 in healthcare workplaces. This standard contains provisions necessary to ensure the health and safety of workers. The agency believes the danger faced by healthcare workers continues to be of the highest concern and measures to prevent the spread of COVID-19 are still needed to protect them. OSHA announced on December 27, 2021, that it intended to continue to work expeditiously to issue a final standard that will protect healthcare workers from COVID-19 hazards. However, given that OSHA anticipated a final rule could not be completed in a timeframe approaching the one contemplated by the OSH Act, the agency has stopped enforcing the non-recordkeeping provisions. OSHA has continued to work expeditiously to issue a final standard that will protect workers from COVID-19.
Status: The rule reached OMB for review on December 7, 2022. OSHA terminated the rulemaking on January 15, 2025.
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. 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 2025.
OSHA is promulgating procedures for the handling and investigation of complaints pursuant to the Anti-Money Laundering Act (AMLA) of 2020. This new 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. Promulgation of this procedural regulation will aid in the efficient processing of complaints under this new statutory provision.
Status: An interim final rule is slated for publication in January 2025.
OSHA is promulgating procedures for the handling and investigation of complaints pursuant to the Criminal Antitrust Anti-Retaliation Act (CAARA) of 2019. This new 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. Promulgation of this procedural regulation will aid in the efficient processing of complaints under this new statutory provision.
Status: A final rule is slated for publication in March 2025.
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.
Status: OSHA intends to re-open the rulemaking record in December 2024.
OSHA is proposing to issue a new standard, titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction, with some exceptions. It would be a programmatic standard that would require employers to create a plan to evaluate and control heat hazards in their workplace. It would more clearly set forth employer obligations and the measures necessary to effectively protect employees from hazardous heat.
It proposes requirements for identifying heat hazards, implementing engineering and work practice control measures at or above two heat trigger levels (i.e., an initial heat trigger and a high heat trigger), developing and implementing a heat illness and emergency response plan, providing training to employees and supervisors, and retaining records.
On October 27, 2021, OSHA published in the Federal Register an advance notice of proposed rulemaking (ANPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. OSHA received 965 unique public comments for the ANPRM, which largely supported the need for continued rulemaking.
Then, on August 21, 2023, OSHA reopened its rulemaking through December 23, 2023, for comments. OSHA also convened a Small Business Advocacy Review (SBAR) Panel on August 25, 2023. The Panel received advice and recommendations from small entity representatives (SERs) and reported its findings and recommendations to OSHA on November 3, 2023.
In April 2024, OSHA shared the potential elements of its upcoming rule with the Advisory Committee on Construction Safety and Health and received a unanimous recommendation to publish the proposal.
Status: A proposed rule was published in the August 30, 2024, Federal Register. OSHA extended the comment deadline from December 30, 2024, to January 14, 2025. An informal public hearing is scheduled for June 16, 2025. Watch the Federal Register for developments. Also, watch OSHA’s “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Rulemaking” webpage.
On October 27, 2021, OSHA issued an advance notice of proposed rulemaking on protecting workers from outdoor and indoor heat hazards. The 53-page Federal Register action item posed 114 questions on over 20 heat-related issues.
On August 21, 2023, OSHA reopened its rulemaking for comment through December 23, 2023.
From September 7 to 19, 2023, OSHA convened a small business panel to consider “options” for regulatory elements to prevent or reduce heat injury and illness in outdoor and indoor settings.
On November 3, 2023, the small business panel sent its recommendations to OSHA.
On April 24, 2024, OSHA received from the Advisory Committee on Construction Safety and Health a unanimous recommendation to publish the proposal.
On August 30, 2024, OSHA published the proposed rule in the Federal Register.
By January 14, 2025, comments on the proposed rule are due.
OSHA is proposing to issue a new safety and health standard, titled Emergency Response, to replace the existing Fire Brigades standard. The new standard would address a broader scope of emergency responders and would include programmatic elements to protect emergency responders from a variety of occupational hazards. The agency requests comments on all aspects of the proposed rule.
Status: The proposed rule was published in the Federal Register on February 5, 2024. The comment period ran through July 22, 2024. On September 17, 2024, OSHA issued a statement that acknowledged concerns from voluntary emergency response organizations. OSHA said that IF supported by the record, a final rule may exclude voluntary emergency response organizations entirely based on feasibility concerns. A hearing was held on November 12, 2024. The next step is for OSHA to review and analyze all comments and testimony, which OSHA plans for June 2025. It can then prepare a final rule. The analysis could take several months. No date on a final rule has been slated. Watch the Federal Register for developments. Also, watch OSHA’s “Emergency Response Rulemaking” webpage.
On March 25, 2016, OSHA published a final rule on Occupational Exposure to Respirable Crystalline Silica (81 FR 16286). OSHA issued two separate standards — one for construction and one for general industry and maritime. Neither standard included a provision for medical removal protection. Both industry and labor organizations petitioned for review of the rule. Upon review, the U.S. Court of Appeals for the District of Columbia Circuit concluded that OSHA failed to adequately explain its decision to omit medical removal protections from the rule and remanded the rule for further consideration of the issue.
Status: The proposed rule is projected for publication in September 2025. OSHA says while the proposal is important, it is not a priority.
Employees in healthcare and other high-risk environments face long-standing infectious disease hazards such as tuberculosis (TB), varicella disease (chickenpox/shingles), norovirus, influenza, and methicillin-resistant Staphylococcus aureus (MRSA), and measles, as well as new and emerging infectious disease threats, such as Severe Acute Respiratory Syndrome (SARS), COVID-19, and pandemic influenza. Healthcare workers and workers in related occupations, or who are exposed in other high-risk environments, are at increased risk of contracting TB, SARS, MRSA, COVID-19, and other infectious diseases that can be transmitted through a variety of exposure routes.
OSHA is examining regulatory alternatives for control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease. The scope of the rulemaking is anticipated to include biomedical laboratories and settings where any employee provides healthcare services, handles contaminated materials, or handles human remains. OSHA is considering the following key rulemaking elements: (a) a workplace infection control plan (WICP), which includes hazard identification and policies and procedures for screening/management, cleaning/disinfection/sterilization, personal protective equipment, engineering controls, support for vaccination, employee medical management, outbreaks/releases, and training; (b) recordkeeping; (c) reporting fatalities and hospitalizations; (d) multiple-employer provisions; and (e) cost/availability provisions.
Status: In April 2024, OSHA received a unanimous recommendation from the Advisory Committee on Construction Safety and Health to publish the proposal. The agenda projects publication of the proposed rule in January 2025.
Recent technological advancements that employ computer-based controls of hazardous energy (e.g., mechanical, electrical, pneumatic, chemical, and radiation) conflict with OSHA’s existing lockout/tagout standard. The use of these computer-based controls has become more prevalent as equipment manufacturers modernize their designs. Additionally, there are national consensus standards and international standards harmonization that govern the design and use of computer-based controls. This approach of controlling hazardous energy is more accepted in other nations, which raises issues of needing to harmonize U.S. standards with those of other countries. The agency has recently seen an increase in requests for variances for these devices. OSHA issued an RFI in May 2019 to understand the strengths and limitations of this new technology, as well as potential hazards to workers.
Status: The proposed rule is projected for publication in September 2025. However, while this proposal is important, one OSHA official said this action is not a priority.
There is no OSHA standard for tree care operations. The agency currently applies a patchwork of standards to address the serious hazards in this industry. The tree care industry previously petitioned the agency for rulemaking, and OSHA issued an advance notice of proposed rulemaking (ANPRM) (September 2008). OSHA initiated and completed a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel in April 2020, collecting information from affected small entities on a potential standard, including the scope of the standard, effective work practices, and arboricultural specific uses of equipment to guide OSHA in developing a rule that would best address industry safety and health concerns. Tree care continues to be a high-hazard industry.
Status: The proposal is slated for April 2025, according to the latest agenda. However, while this proposal is a priority, an OSHA official said that the proposal will probably be published by May or June 2025.
The RFI published on December 7, 2016, provides OSHA’s history with the issue of workplace violence in healthcare and social assistance, including a discussion of the guidelines that were initially published in 1996, a 2014 update to the guidelines, and the agency’s use of Section 5(a)(1) of the Occupational Safety and Health Act in enforcement cases in healthcare. The RFI solicited information primarily from healthcare employers, workers and other subject matter experts on impacts of violence, prevention strategies, and other information that will be useful to the agency. OSHA was petitioned for a standard preventing workplace violence in healthcare by a broad coalition of labor unions, and in a separate petition by the National Nurses United. On January 10, 2017, OSHA granted the petitions.
Status: OSHA convened a small business advisory review panel in March 2023. On May 2, 2023, the panel posted to the docket a 434-page “Report of the Small Business Advocacy Review Panel on OSHA’s Potential Standard for Prevention of Workplace Violence in Healthcare and Social Assistance,” which makes several recommendations to OSHA regarding the rulemaking. Comments on Docket No. OSHA-2016-0014 were accepted through July 3, 2023. OSHA is proceeding toward a proposed rulemaking. According to the latest agenda, the proposal is anticipated by June 2025.
Pursuant to the procedure for adding new fit-testing protocols in Appendix A of OSHA's Respiratory Protection standard, 29 CFR 1910.134, OSHA received an application requesting that OSHA approve a new quantitative fit-testing protocol. The proposed Rapid REDON protocol is a modified version of the existing REDON protocol that would eliminate the 30-second durations for two of the fit-test exercises (facing forward and bending over), and also remove the second re-donning of the respirator, thereby reducing the total duration of time required to conduct the fit test. The applicant has requested that the submitted protocol be evaluated for approval both with and without removal of the second re-donning.
In support, the applicant submitted two peer-reviewed articles from the Journal of the International Society for Respiratory Protection describing the accuracy and reliability of the proposed protocol. OSHA believes that the information submitted by the applicant in support of the Rapid REDON protocol meets the criteria in Appendix A of its Respiratory Protection standard (Part II) for determining when OSHA will publish a fit-testing protocol for notice-and-comment rulemaking. The agency intends proposing to initiate this rulemaking to determine whether to approve the Rapid REDON protocol.
Status: A proposed rule is projected for June 2025, per the latest agenda.
OSHA is proposing corrections and amendments to the final standard for cranes and derricks published in August 2010. The standard has a large number of provisions designed to improve crane safety and reduce worker injury and fatality.
The proposed amendments correct references to power line voltage for direct current (DC) voltages as well as alternating current (AC) voltages; broaden the exclusion for forklifts carrying loads under the forks from “winch or hook” to a “winch and boom”; clarify an exclusion for work activities by articulating cranes; provide four definitions inadvertently omitted in the final standard; replace “minimum approach distance” with “minimum clearance distance” throughout to remove ambiguity; clarify the use of demarcated boundaries for work near power lines; correct an error permitting body belts to be used as a personal fall arrest system rather than a personal fall restraint system; replace the verb “must” with “may” used in error in several provisions; correct an error in a caption on standard hand signals; and resolve an issue of “NRTL-approved” safety equipment (e.g., proximity alarms and insulating devices) that is required by the final standard, but is not yet available.
Status: OSHA expects to publish the proposed rule by June 2025, according to the latest agenda. This action item is considered important.
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 2016 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 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, and billboards).
Status: OSHA expects to publish the proposed rule by October 2025, according to the latest agenda. This action item is considered important.
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.
Status: The proposed rule is projected for publication in May 2025 per the latest agenda. This action item is considered important.
Existing 29 CFR 1915 Subpart E (Scaffolds, Ladders and Other Working Surfaces) includes provisions for scaffolds or staging, ladders, guarding of deck openings and edges, access to vessels, access to and guarding of dry docks and marine railways, access to cargo spaces and confined spaces, and working surfaces. These requirements are not comprehensive in their coverage of fall hazards in shipyards. In addition, existing standards do not reflect national consensus standards. OSHA issued an RFI to solicit data and comments on updating existing standards and dividing the rulemaking into three subparts on stairways, ladders and other access and egress; fall protection; and scaffolds.
Status: OSHA projects a August 2025 publication of the proposed rule. This agenda item is considered important but not a priority.
OSHA is considering rulemaking to revise its standards for occupational exposure to lead. OSHA lead standards provide medical removal levels of 60 µg/dL in general industry, 50 µg/dL in construction and the return of the employee to former job status at a blood lead level (BLL) below 40 µg/dL. Recent medical findings indicate that lower blood lead levels in adults can result in adverse health effects including hypertension, cognitive dysfunction, and effects on renal function and reproductive systems. OSHA is seeking input on reducing the current BLL triggers in the medical surveillance and medical removal protection provisions of the general industry and construction standards for lead, and about how current ancillary provisions in the lead standards can be modified to reduce worker BLLs in industries and occupations where elevated exposure to lead continues to occur. OSHA is seeking this input from the public to help the agency identify possible areas of the lead standards for revision to improve protection of workers in industries and occupations where preventable exposure to lead continues to occur.
Status: The advanced notice of proposed rulemaking (pre-rule) was published in the June 28, 2022, Federal Register. OSHA intends to analyze comments in June 2025. The next action is yet to be determined.
The current OSHA standard on mechanical power presses does not address the use of hydraulic or pneumatic power presses. Additionally, the existing standard is approximately 40 years old and does not address technological changes. OSHA previously published an ANPRM on Mechanical Power Presses (June 2007) in which it identified several options for updating this standard.
Status: OSHA published an RFI on July 28, 2021, and expects to analyze comments in July 2025. The next rulemaking action is to be determined.
OSHA issued a Request for Information (RFI) on December 9, 2013 (78 FR 73756). The RFI identified issues related to modernization of the Process Safety Management (PSM) Standard and related standards necessary to meet the goal of preventing major chemical accidents.
Status: OSHA held a stakeholder meeting on October 12, 2022, with comments accepted through November 14, 2022. Comments are projected to be analyzed in December 2024. The next rulemaking action is yet to be determined. While this action is considered important, an OSHA official said it is not a priority. Note that OSHA updated an enforcement directive on PSM. That directive is CPL 02-01-065, effective January 26, 2024.
OSHA proposed to restore a column to the OSHA 300 Log that employers must check if a case they are already required to record under OSHA’s existing recordkeeping rule (29 CFR 1904) is a “musculoskeletal disorder” (MSD). This rulemaking does not change the existing requirements about when and under what circumstances employers must record work-related injuries and illnesses.
Status: OSHA issued a proposed rule on January 29, 2010, and took comments and held meetings in 2010 and 2011. The next action is to be determined, and this rulemaking is a long-term action.
It is noteworthy that the Government Accountability Office released a report (GAO-24-106413) on October 8, 2024, recommending that OSHA finalize this rulemaking to help reduce ergonomics injuries in warehousing and last-mile delivery services. OSHA stated that inserting this column remains on its long-term regulatory agenda. However, the agency added that completing the regulatory actions necessary to add such a column would divert resources from other current regulatory priorities. OSHA also commented that it expects to receive more information on MSDs and other injuries from certain employers who have been required to report case-level injury data electronically to OSHA headquarters since March 2024.
Powered industrial trucks (e.g., fork trucks, tractors, lift trucks, and motorized hand trucks) are ubiquitous in industrial (and many retail) worksites. OSHA issued an RFI on March 11, 2019 (84 FR 8633), to determine if changes need to be made to locations of use, maintenance, training, and operation of powered industrial trucks. The current standard covers 11 types of trucks, but there are now at least 19 types in industry.
Status: OSHA requested information in March 2019. However, a proposed rule, while considered an important action item on the agenda, is a long-term action.
On March 25, 2016, OSHA published a final rule on Occupational Exposure to Respirable Crystalline Silica (81 FR 16286). OSHA issued two separate standards, one for construction, and one for general industry and maritime. The construction standard includes Table 1: Specified Exposure Control Methods When Working With Materials Containing Crystalline Silica, which matches common construction tasks with dust control methods that have been shown to be effective. In some operations, respirators are also needed. Employers who follow Table 1 correctly are not required to measure workers’ exposure to silica and are not subject to the permissible exposure limit (PEL).
OSHA is interested in information on the effectiveness of control measures not currently included for tasks and tools listed in Table 1. The agency is also interested in tasks and tools involving exposure to respirable crystalline silica that are not currently listed in Table 1, along with information on the effectiveness of dust control methods in limiting worker exposure to respirable crystalline silica when performing those operations. OSHA intends to evaluate the available information to determine if revisions to Table 1 may be appropriate.
Status: OSHA requested information in August 2019. However, a proposed rule, while on the agenda and considered important, is not a priority and is a long-term action.