Rule2025-12011
Construction Standards-Advisory Committee on Construction Safety and Health
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Effective
July 1, 2025
Issuing agencies
Labor DepartmentOccupational Safety and Health Administration
Abstract
This final rule revokes 29 CFR 1911.10, which required the Assistant Secretary for Occupational Safety and Health (Assistant Secretary), who heads 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, and 29 CFR 1912.3, the general OSHA regulations governing ACCSH. This final rule also makes corresponding changes to 29 CFR 1911.11, 29 CFR 1911.15, 29 CFR 1912.8, and 29 CFR 1912.9. OSHA is revoking 29 CFR 1911.10 and 29 CFR 1912.3 because these 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 (Secretary) regulatory agenda. These changes will ensure that ACCSH is able to advise the Secretary on potential regulatory actions without adversely affecting the agency's regulatory timeline.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 27996-27999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12011]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1911 and 1912
[Docket No. OSHA-2025-0040]
RIN 1218-AD72
Construction Standards--Advisory Committee on Construction Safety
and Health
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule.
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SUMMARY: This final rule revokes 29 CFR 1911.10, which required the
Assistant Secretary for Occupational Safety and Health (Assistant
Secretary), who heads OSHA, to consult with the Advisory Committee on
Construction Safety and
[[Page 27997]]
Health (ACCSH) in the formulation of rules to promulgate, modify, or
revoke standards applicable to construction work, and 29 CFR 1912.3,
the general OSHA regulations governing ACCSH. This final rule also
makes corresponding changes to 29 CFR 1911.11, 29 CFR 1911.15, 29 CFR
1912.8, and 29 CFR 1912.9. OSHA is revoking 29 CFR 1911.10 and 29 CFR
1912.3 because these 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 (Secretary) regulatory agenda. These changes will ensure
that ACCSH is able to advise the Secretary on potential regulatory
actions without adversely affecting the agency's regulatory timeline.
DATES: This final rule is effective July 1, 2025.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank Meilinger, Director, OSHA Office
of Communications, Occupational Safety and Health Administration;
telephone: (202) 693-1999; email: <a href="/cdn-cgi/l/email-protection#1b767e727772757c7e69357d697a75787268295b7f7477357c746d"><span class="__cf_email__" data-cfemail="d5b8b0bcb9bcbbb2b0a7fbb3a7b4bbb6bca6e795b1bab9fbb2baa3">[email protected]</span></a>.
General information and technical inquiries: Contact Andrew
Levinson, Director, OSHA Directorate of Standards and Guidance,
Occupational Safety and Health Administration; telephone: (202) 693-
1950; email: <a href="/cdn-cgi/l/email-protection#a0cfd3c8c18ec4d3c7e0c4cfcc8ec7cfd6"><span class="__cf_email__" data-cfemail="a5cad6cdc48bc1d6c2e5c1cac98bc2cad3">[email protected]</span></a>.
Copies of this Federal Register notice: Electronic copies are
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This Federal Register notice,
as well as news releases and other relevant information, also are
available at OSHA's web page at <a href="https://www.osha.gov">https://www.osha.gov</a>. A ``100-word
summary'' is also available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION
Table of Contents
I. Executive Summary
II. Pertinent Legal Authority
III. Summary and Explanation of Requirements
IV. Additional Requirements
A. Paperwork Reduction Act
B. Environmental Impacts/National Environmental Policy Act
(NEPA)
C. Other Statutory and Executive Order Considerations
V. Authority and Signature
I. Executive Summary
The intent of this final rule is to remove unnecessary procedural
requirements that are contrary to the Secretary's interest in moving
forward quickly with deregulatory actions in accordance with Executive
Order (E.O.) 14192, ``Unleashing Prosperity Through Deregulation'' (90
FR 9065, Feb. 6, 2025) and which are not statutorily required. The
final rule removes the procedural requirements at 29 CFR 1911.10 and 29
CFR 1912.3 and makes corresponding revisions to other provisions
referencing 29 CFR 1911.10, 29 CFR 1912.3, and the Construction Safety
Act.
II. Pertinent Legal Authority
The Construction Safety Act (CSA), 40 U.S.C. 3704 (formerly 40
U.S.C. 333), created the Advisory Committee on Construction Safety and
Health (ACCSH) to advise the Secretary on standard-setting and other
matters. Section 3704(d)(4) provides that ACCSH ``shall advise the
Secretary (A) in formulating construction safety and health standards
and other regulations; and (B) on policy matters arising in carrying
out this section.''
OSHA promulgated regulations implementing the CSA, including 29 CFR
1911.10 and 1912.3. However, these regulations include unnecessary
requirements which unduly inhibit the Secretary from moving forward
expeditiously with her priorities. Other parts of the rescinded
provisions are simply duplicative of requirements contained within the
CSA, the Occupational Safety and Health Act of 1970 (OSH Act) (29
U.S.C. 651 et seq.), or OSHA's other regulations. For example, 29 CFR
1911.10 contains specific rules of procedure for promulgating,
modifying, or revoking construction-related occupational safety or
health standards. These rules are in many ways duplicative of the
general rulemaking procedures contained in 29 CFR 1911.11, which apply
to the promulgation, modification, or revocation of standards
applicable to employments other than those in construction work, and
OSHA finds that the few requirements that are contained within 29 CFR
1911.10 that vary from those in 29 CFR 1911.11 are unnecessary.
Consequently, OSHA is revoking 29 CFR 1911.10, and revising 29 CFR
1911.11 to apply the general rulemaking procedures described therein to
the promulgation, modification, or revocation of standards applicable
to construction work. Further, OSHA is making minor modifications to
three other regulations which reference 29 CFR 1911.10, 29 CFR 1912.3,
or the CSA: 29 CFR 1911.15; 29 CFR 1912.8; and 29 CFR 1912.9.
Similarly, 29 CFR 1912.3 imposes additional requirements which are
more burdensome than those mandated by the CSA. For example, 29 CFR
1912.3(b) expanded the committee's membership from the nine members
required by the CSA to fifteen members. Per section 1912.3(c)(2), OSHA
expanded the committee because ``[g]reater membership and greater
representation serve the public interest and avoid[ ] possible
injustice by permitting for the most part the use of one advisory
committee . . . in situations where both the [CSA] and [the OSH Act]
may be expected to apply to construction activity. . . .'' That same
provision also indicated that the expanded membership serves the public
interest and avoids possible injustice ``by affording a greater
opportunity for representation on the Advisory Committee within the
construction industry.''
However, as to the use of a single committee, this regulation is
unnecessary because although the Secretary is only required to consult
with ACCSH in formulating standards under the CSA, the Committee's role
in advising the Secretary is not limited to standards formulated under
the CSA. 40 U.S.C. 3704(a)(2), (d)(4). Specifically, per 40 U.S.C.
3704(d)(4), ACCSH was created to advise the Secretary ``in formulating
construction safety and health standards and other regulations,'' not
just those standards formulated under the CSA. ACCSH is also tasked
with advising the Secretary on policy matters arising in carrying out
the CSA. 40 U.S.C. 3704(d)(4)(B). One such policy matter is the need
for consistency between construction standards promulgated pursuant to
the CSA and those promulgated pursuant to the OSH Act. Thus, if OSHA
wished to consult the committee, ACCSH would have the authority to
advise on construction standards promulgated under the OSH Act, as well
as those under the CSA.
As to affording a greater opportunity for representation, in the
decades since the promulgation of this regulation, OSHA has noted that
stakeholders in the construction industry (including stakeholders in
all of the membership categories created by 29 CFR 1912.3(b)(1)-(4))
have robustly participated in OSHA rulemakings, not only through
serving on ACCSH but also through, among other things, submitting
comments on Requests for Information and Notices of Proposed Rulemaking
and testifying at OSHA's informal rulemaking hearings. Given that, OSHA
finds that the nine-member committee contemplated by Congress provides
sufficient committee representation to stakeholders in this important
industry. Further, OSHA finds that this change is in line with the
administration's policy of reducing the size of the American government
while increasing accountability to the American people.
[[Page 27998]]
See E.O. 14217, ``Commencing the Reduction of the Federal Bureaucracy''
(Feb. 19, 2025).
The other provisions contained in 29 CFR 1912.3, e.g., those
establishing membership terms, cover topics that are within the
Secretary's discretion and are already covered in the Committee's
current charter or can be covered in future revisions of that charter.
This final rule constitutes a rule of agency organization,
practice, or procedure. Hence, notice-and-comment procedures are not
required. 5 U.S.C. 553(b). These amendments are to take effect
immediately. Given the technical and procedural nature of these
amendments, and the Secretary's interest in moving quickly to implement
E.O. 14192, the agency finds that it is unnecessary to provide 30 days
before this rule takes effect and hence has good cause for making the
effective date immediate pursuant to 5 U.S.C. 553(d)(3).
III. Summary and Explanation of Requirements
The Assistant Secretary is revoking 29 CFR 1911.10 and 29 CFR
1912.3 in their entirety and making corresponding changes to 29 CFR
1911.11 to enable her to implement E.O. 14192 as expeditiously as
possible, while still complying with the CSA's consultation
requirements. Revoking 29 CFR 1911.10 and 29 CFR 1912.3 is necessary
because these regulations unnecessarily limit the Secretary from moving
forward expeditiously with her deregulatory agenda.
The Assistant Secretary is revoking 29 CFR 1911.10 in its entirety,
which includes revoking general procedures for rulemaking in the
construction context, e.g., procedures for notice, comments, and
hearings. Previously, 29 CFR 1911.10(e) allowed the Assistant Secretary
to follow the procedures in 29 CFR 1911.11 in any event, so the
Secretary is revising 29 CFR 1911.11 to make clear that the procedures
therein are applicable to the promulgation, modification, or revocation
of construction standards in the absence of the procedures previously
described in 29 CFR 1911.10.
The Assistant Secretary is also revoking 29 CFR 1912.3 in its
entirety. Among other things, this change will decrease the committee's
membership from fifteen members to the nine members envisioned by
Congress when it promulgated the CSA. Further, the Assistant Secretary
is revising three other regulations which reference 29 CFR 1911.10, 29
CFR 1912.3, or the CSA, i.e., 29 CFR 1911.15, 29 CFR 1912.8, and 29 CFR
1912.9.
IV. Additional Requirements
A. OMB Review Under the Paperwork Reduction Act of 1995 (PRA)
The PRA defines ``collection of information'' to mean ``the
obtaining, causing to be obtained, soliciting, or requiring the
disclosure to third parties or the public, of facts or opinions by or
for an agency, regardless of form or format'' (44 U.S.C. 3502(3)(A)).
Under the PRA, a Federal agency cannot conduct or sponsor a collection
of information unless it is approved by OMB under the PRA and the
agency displays a currently valid OMB control number (44 U.S.C. 3507).
Also, notwithstanding any other provisions of law, no person shall be
subject to penalty for failing to comply with a collection of
information if the collection of information does not display a
currently valid OMB control number (44 U.S.C. 3512(a)(1)). The process
for OMB approval is found in 5 CFR part 1320.
This final rule imposes no new information collection requirements
and thus the PRA does not apply.
B. Environmental Impacts/National Environmental Policy Act (NEPA)
OSHA has reviewed this final rule according to the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), as
amended by the Fiscal Responsibility Act of 2023 (Pub. L. 118-5, 321,
137 Stat. 10), and the Department of Labor's NEPA procedures (29 CFR
part 11). OSHA has determined that this final rule will have no impact
on the quality of the human environment.
C. Other Statutory and Executive Order Considerations
OSHA has examined this final rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14192.
This procedural rule is expected to facilitate deregulatory actions
under the Executive Order.
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities. The notice and comment
rulemaking procedures of section 553 of the APA do not apply ``to
interpretative rules, general statements of policy, or rules of agency
organization, procedure, or practice.'' 5 U.S.C. 553(b)(A). Rules that
are exempt from APA notice and comment requirements are also exempt
from the Regulatory Flexibility Act (RFA). See SBA Office of Advocacy,
A Guide for Government Agencies: How to Comply with the Regulatory
Flexibility Act, at 9; also found at: <a href="https://www.sba.gov/advocacy/guide-government-agencies-how-comply-regulatory-flexibility-act">https://www.sba.gov/advocacy/guide-government-agencies-how-comply-regulatory-flexibility-act</a>. This
is a rule of agency organization, procedure, and practice within the
meaning of 5 U.S.C. 553; and, therefore, the rule is exempt from both
the notice and comment rulemaking procedures of the APA and the
requirements under the RFA.
Executive Order 12866, ``Regulatory Planning and Review,'' 58 FR
51735 (Oct. 4, 1993), requires agencies, to the extent permitted by
law, to (1) propose or adopt a regulation only upon a reasoned
determination that its benefits justify its costs (recognizing that
some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits; (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public. Section 6(a)
of E.O. 12866 also requires agencies to submit ``significant regulatory
actions'' to OIRA for review. OIRA has determined that this final rule
does not constitute a ``significant regulatory action'' under section
3(f) of E.O. 12866. Accordingly, this final rule was not submitted to
OIRA for review under E.O. 12866.
OSHA has considered its obligations under the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.), and the Executive Orders on
Consultation and Coordination With Indian Tribal Governments (E.O.
13175, 65 FR 67249 (Nov. 6, 2000)), Federalism (E.O. 13132, 64 FR 43255
(Aug. 10, 1999)), and Protection of Children From Environmental Health
Risks and Safety Risks (E.O. 13045, 62 FR 19885 (Apr. 23, 1997)). Given
that this is a procedural rule that will have no economic impacts, and
that the action does not constitute a policy that has federalism or
tribal implications, OSHA has determined that no further agency
[[Page 27999]]
action or analysis is required to comply with these statutes and
executive orders.
V. Authority and Signature
Amanda Laihow, Acting Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this document under
the authority granted by Sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); sections 1 and
4 of the Walsh-Healey Public Contracts Act (41 U.S.C. 35, 38); sections
2 and 4 of the Service Contracts Act of 1965 (41 U.S.C. 351, 353);
section 107 of the Contract Work Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C. 333); section 41 of the
Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941);
section 5(j)(2) of the National Foundation on Arts and Humanities Act
(20 U.S.C. 954(j)(2)); 5 U.S.C. 553; and Secretary of Labor's Order No.
8-2020 (85 FR 58393); as applicable.
List of Subjects
29 CFR Part 1911_
Administrative practice and procedure, Occupational safety and
health.
29 CFR Part 1912_
Advisory committees, Freedom of information, Occupational safety
and health.
Dated: June 25, 2025.
Amanda Laihow,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
For the reasons set forth in the preamble, OSHA is amending parts
1911 and 1912 as follows:
PART 1911--RULES OF PROCEDURE FOR PROMULGATING, MODIFYING, OR
REVOKING OCCUPATIONAL SAFETY OR HEALTH STANDARDS
0
1. The authority for part 1911 is revised to read as follows:
Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657); secs. 1, 4, Walsh-Healey Public
Contracts Act (41 U.S.C. 35, 38); secs. 2, 4, Service Contracts Act
of 1965 (41 U.S.C. 351, 353); sec. 107, Contract Work Hours and
Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); sec.
41, Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C.
941); sec. 5(j)(2), National Foundation on Arts and Humanities Act
(20 U.S.C. 954(j)(2)); 5 U.S.C. 553; Secretary of Labor's Order No.
12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 8-
2020 (85 FR 58393), as applicable. Sections 1911.12 and 1911.18 also
issued under 29 CFR part 1911.
Sec. 1911.10 [Removed and Reserved]
0
2. Remove and reserve Sec. 1911.10.
0
3. Amend Sec. 1911.11 by revising the section heading and revising and
republishing the introductory text and paragraph (a) to read as
follows:
Sec. 1911.11 Standards.
The Assistant Secretary may promulgate, modify, or revoke a
standard in the following manner:
(a) The Assistant Secretary may request the recommendations of an
advisory committee appointed under section 7 of the Act or other
statutory authority. In such event, the Assistant Secretary shall
submit to the committee any proposal of his own or of the Secretary of
Health, Education, and Welfare, together with all pertinent factual
information available to him, including the results of research,
demonstrations, and experiments. The committee shall submit to the
Assistant Secretary its recommendations regarding the rule to be
promulgated within the period prescribed by the Assistant Secretary,
which in no event shall be longer than 270 days.
* * * * *
0
4. Amend Sec. 1911.15 by revising and republishing paragraph (a)(1) to
read as follows:
Sec. 1911.15 Nature of hearing.
(a) * * *
(1) The legislative history of section 6 indicates that Congress
intended informal rather than formal rulemaking procedures to apply.
See the Conference Report, H. Rept. No. 91-1765, 91st Cong., second
sess., 34 (1970). The informality of the proceedings is also suggested
by the fact that section 6(b) permits the making of a decision on the
basis of written comments alone (unless an objection to a rule is made
and a hearing is requested), the use of advisory committees, and the
inherent legislative nature of the tasks involved. For these reasons,
the proceedings pursuant to Sec. 1911.11 shall be informal.
* * * * *
PART 1912--ADVISORY COMMITTEES ON STANDARDS
0
5. The authority for part 1912 continues to read as follows:
Authority: 29 U.S.C. 653, 655, 656, 657; 5 U.S.C. 553; 5 U.S.C.
App. 2; 40 U.S.C. 333; Secretary of Labor's Order No. 12-71 (36 FR
8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 3-2000 (65 FR 50017),
or 8-2020 (85 FR 58393), as applicable.
Sec. 1912.3 [Removed and Reserved]
0
6. Remove and reserve Sec. 1912.3.
0
7. Amend Sec. 1912.8 by revising and republishing paragraph (b)(9) to
read as follows:
Sec. 1912.8 Committee Charters.
* * * * *
(b) * * *
(9) The committee's termination date or other fixed period of
termination, if less than 2 years; and
* * * * *
Sec. 1912.9 [Amended]
0
8. Amend Sec. 1912.9 by removing paragraph (d).
[FR Doc. 2025-12011 Filed 6-30-25; 8:45 am]
BILLING CODE 4510-26-P
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