On July 1, the US federal Occupational Safety and Health Administration (OSHA) published proposals to revise or repeal more than two dozen of its occupational safety and health standards. OSHA justifies many of these changes as ways to reduce duplicative requirements or increase employers’ flexibility. The remainder of this note identifies these proposals, identifying code sections within OSHA’s General Industry standards (most in 29 CFR 1910 (most proposals also apply to analogous Construction and Maritime standards).
Which standards is OSHA proposing to revise or rescind?
OSHA is proposing to revise the following standards, generally to remove requirements it identifies as duplicative with other requirements not being revised. OSHA also proposes several rescissions.
- Coordination of enforcement with Department of Labor (DOL) Wage and Hour Division (WHD) Employment and Training Administration (ETA) relating to migrant farmworkers (29 CFR 42) – OSHA proposes to rescind these rules.
- Respiratory Protection Standard (29CFR 1910.134) – proposes to remove some medical surveillance requirements.
- Safety Color Code for Marking Physical Hazards Standard (1910.144) – proposes to remove requirements that red be used to identify danger and yellow for caution, as duplicative of other federal (e.g., OSHA Accident Prevention Signs and Tags Standard), and state and local (e.g., fire codes).
- Occupational Exposure to COVID-19 in Healthcare Settings (29 CFR 1910.502) – proposes to remove emergency standard and associated recordkeeping requirements.
- Asbestos Standard (29 CFR 1910.1001) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- 13 Carcinogens Standard (29 CFR 1910.1003) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Vinyl chloride standard (29 CFR 1910.1017) – proposes to remove respiratory protection training requirement, as duplicating Respiratory Protection Standard.
- Inorganic Arsenic Standard (29 CFR 1910.1018) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Lead Standard (29 CFR 1910.1025) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Cadmium Standard (29 CFR 1910.1027) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Benzene Standard (29 CFR 1910.1028) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Coke Oven Emissions Standard (29 CFR 1910.1029) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Cotton Dust Standard (29 CFR 1910.1043) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- 1,2-dibromo-3-chloropropane Standard (29 CFR 1910.1044) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Acrylonitrile Standard (29 CFR 1910.1045) – proposes to reduce respiratory protection measures and improve alignment with Respiratory Protection Standard.
- Ethylene Oxide Standard (29 CFR 1910.1047) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Formaldehyde Standard (29 CFR 1910.1048) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Methylenedianiline Standard (29 CFR 1910.1050) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- 1,3 Butadiene Standard (29 CFR 1910.1051) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Methylene Chloride Standard (29 CFR 1910.1052) – proposes to increase employer flexibility in respiratory protection measures, and improve alignment with Respiratory Protection Standard.
- Applicability of the General Duty Clause (new 29 CFR 1975.7) – proposes a rule that the General Duty Clause does not apply to hazards arising from “inherently risky professional activities” where the risks cannot be eliminated. OSHA cites the following as examples: live entertainment and performing arts; animal handling and performance; professional and extreme sports; motorsports and high-risk recreation; tactical, defense, and combat simulation training; and hazard-based media and journalism activities.
OSHA also proposes to revise its interpretation of the coverage of the General Duty Clause
OSHA also proposes to delete the Open Fires in Marine Terminals Standard (1917.21), House Falls in Marine Terminals Standard (29 CFR 1917.41), and Construction Illumination Standards (29 CFR 1926.26 and 1926.56).
Which rulemaking is OSHA terminating?
OSHA is also proposing to terminate ongoing rulemakings initiated during the Biden administration. These consist of the following:
- Terminate proposal to add musculoskeletal disorder (MSD) columns to injury and illness (I&I) forms (initiated in 2010 with no recent actions (29 CFR 1904)
Now what?
Each proposed rulemaking sets deadlines by which comments are due. Organizations interested in one or more of these rulemakings should identify specific provisions and timelines.
Self-Assessment Checklist
Are any of the organization's workplaces subject to any OSHA standards that OSHA proposed on July 1 to revise or repeal?
If so, is the organization evaluating how regulatory revisions would affect its compliance responsibilities and associated activities?
If so, will the organization submit comments on any of the proposals?
Where Can I Go For More Information?
- OSHA proposals compiled
- OSHA Federal Register publications webpage
- Federal Register Table of Contents (7/1/25)
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com