SUPPLEMENTARY INFORMATION:

The Occupational Safety and Health Administration (OSHA) published a series of deregulatory proposed rulemakings in the Federal Register on July 1, 2025, reflecting OSHA's commitment to modernizing workplace safety standards, addressing outdated regulations, and enhancing the flexibility of compliance strategies across multiple industries. These efforts are aligned with Executive Order 14192, “Unleashing Prosperity Through Deregulation,” which directs agencies to reduce compliance costs and eliminate unnecessary regulatory burdens.

Changes to Respiratory Protection Requirements for 16 Different Chemical Substances

Sixteen of the rules that OSHA proposed are related to respiratory protection requirements for different chemical substances (1,2-dibromo-3-chloropropane; 1, 3-Butadiene; 13 Carcinogens (4-Nitrobiphenyl, etc.); Acrylonitrile; Asbestos; Benzene; Cadmium; Coke Oven Emissions; Cotton Dust; Ethylene Oxide; Formaldehyde; Inorganic Arsenic; Lead; Methylene Chloride; Methylenedianiline; and Vinyl Chloride). The intent of each proposal is to reduce compliance burdens, allow for the use of more up-to-date technology, and/or better align the rules with the general Respiratory Protection standard (29 CFR 1910.134) to improve the comprehensibility of the requirements for respiratory protection programs for each chemical (90 FR 28263-28282; 90 FR 28286-28336; 90 FR 28349-28358).

Respiratory Protection: Medical Evaluations

OSHA also published a proposal to update the Respiratory Protection Standard (29 CFR 1910.134) by removing the medical evaluation requirements specified in the paragraph (e) for employees required to wear either a filtering facepiece respirator (FFR) or loose-fitting powered air-purifying respirator (PAPR) (90 FR 28463).

Safety Color Code for Marking Physical Hazards

OSHA also published a proposal to remove its Safety Color Code for Marking Physical Hazards standard, 29 CFR 1910.144, as well as paragraph (c)(8) of OSHA's Textiles standard, 29 CFR 1910.262; paragraph (c)(11) of OSHA's Sawmills Standard, 29 CFR 1910.265; and OSHA's Safety Color Code for Marking Physical Hazards for Shipyard Employment Standard, 29 CFR 1915.90, which require compliance with 29 CFR 1910.144. These standards require that red be the basic color for the identification of danger and stop, and that yellow be the basic color for designating caution and for marking physical hazards such as striking against, stumbling, falling, tripping, and caught-in-between. In the proposal, OSHA stated, among other things, that these standards are designed to address hazards that are sufficiently addressed by other Federal, State, and local requirements (state and local building and fire codes, OSHA's Specifications for Accident Prevention Signs and Tags standard (29 CFR 1910.145). OSHA also stated that relying solely on color to identify hazards is not effective for individuals with color vision deficiencies (90 FR 28282).

Walking-Working Surfaces—Fixed Ladders

Finally, on April 6, 2026, OSHA published a proposed rule intended to provide greater compliance flexibility for employers subject to the requirements in OSHA's Walking-Working Surfaces standard (29 CFR, Subpart D). OSHA proposed to remove a provision that sets a deadline (November 18, 2036) for the installation of personal fall arrest systems or ladder safety systems on all fixed ladders that extend more than 24 feet above a lower level. OSHA anticipates this change will allow employers to update their ladders when the ladders reach the end of their service lives, significantly reducing costs and offering greater flexibility (91 FR 17165).

Requests for Hearings

Several commenters requested public hearings on a number of the rulemakings described above ( e.g., OSHA-2025-0006-0318, OSHA-2025-0009-0006, OSHA-2025-0013-0003, OSHA-2025-0019-0003). OSHA agrees to hold a series of fully virtual public hearings, which will begin August 19, 2026, and continue on subsequent weekdays. Witnesses are welcome to testify about any topics, issues, or concerns they have with the proposed rules.

I. Informal Public Hearing—Purpose, Rules and Procedures

OSHA invites interested persons to participate in these rulemakings by providing oral testimony and documentary evidence at the informal public hearings to provide the agency with the best available evidence to use in developing these final rules (see 29 CFR 1911.15(a) and 5 U.S.C. 553(c)). The public hearings will be 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.

An administrative law judge (ALJ) will preside over the hearing and will resolve any procedural matters relating to the hearing. Although the presiding officers of the hearings are ALJs and questioning of witnesses is allowed on crucial issues, the proceedings are largely informal and essentially legislative in purpose. Therefore, the hearings provide interested persons with an opportunity to make oral presentations in the absence of rigid procedures that could impede or protract the rulemaking process. The hearings are not adjudicative proceedings subject to the Federal Rules of Evidence. Instead, these are informal administrative proceedings 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 each ALJ presiding over the hearings makes no decision or recommendation on the merits of these proposals, 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 ( printed page 33133) 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 hearings, 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 testify, provide documentary evidence, or question other witnesses at the hearings must electronically submit their NOITA via https://www.osha.gov/​deregulatory-rulemaking on or before July 6, 2026 and in accordance with the instructions in the ADDRESSES section earlier in this document. 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 each proposed rule the individual intends to comment on.

The agency will consider the information in each submission when setting the schedule for the hearings. Before the hearings, OSHA will make the hearing procedures and schedule for the hearings available at https://www.osha.gov/​deregulatory-rulemaking and in each docket. OSHA emphasizes that the hearings are open to the public; however, only individuals who file a NOITA may testify at any hearing or question witnesses.

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 hearings, or who will submit documentary evidence at the hearings, must submit the full text of their testimony and all documentary evidence no later than August 5, 2026. OSHA will provide instructions for submitting testimony and documentary evidence to those who file a NOITA. The agency will review each submission. If OSHA believes the requested time is excessive, the agency will allocate an appropriate amount of time for the presentation. Any participant who fails to comply substantially with these procedural requirements may be limited to a 5-minute presentation. Before the hearings, 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 hearings and the post-hearings 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 and oral testimony as well as documentary evidence received during the proceedings. The ALJ, however, will not make or recommend any decisions as to the content of the final standards. Following certification of the record, OSHA will review all of the evidence received into each record and will issue final rules based on each record as a whole.

Authority and Signature

This document was prepared under the direction of David Keeling, Assistant Secretary of Labor for Occupational Safety and Health. 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, and 657), 5 U.S.C. 553, Secretary of Labor's Order No. 07-2025 (90 FR 27878), and 29 CFR part 1911.

91 FR 33131