Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—OSHA announces public hearings this summer for over 20 proposed rules, (Jun 17, 2026)

By Felicia K. Watson, Peter Vassalo, Catherine Seidelman and Matthew Holmes of Littler Mendelson

OSHA has scheduled a series of informal public hearings for over 20 proposed rules, most of which involve respiratory protection requirements, as part of its continuing deregulatory efforts. These public hearings will be held virtually, beginning on August 19, 2026. The upcoming hearings concern the following proposed rules:

• Walking-working surfaces

• Medical evaluation requirements for certain types of respirators

• Safety color-code markings for physical hazards, textiles, sawmills, and shipyard employment

• Ethylene oxide

• 1,2-Dibromo-3-Chloropropane

• Formaldehyde

• 1,3-Butadiene

• Inorganic Arsenic

• 13 Carcinogens (4-Nitrobiphenyl, etc.)

• Lead

• Acrylonitrile

• Methylene Chloride

• Asbestos

• Methylenedianiline

• Benzene

• Vinyl Chloride

• Cadmium

• Coke Oven Emissions

• Cotton Dust

Most of the proposed rulemaking concerns changes to respiratory protection requirements for 16 different chemical substances. For these chemicals, OSHA proposes, among other things, to allow different types of respirators to be used, which can provide employers with more flexibility and cost savings while continuing to keep their employees safe and healthy. In addition, OSHA also proposes to remove medical evaluation requirements in its Respiratory Protection Standard for employees required to wear two types of respirators: (1) either a filtering facepiece respirator (FFR) or (2) a loose-fitting, powered air-purifying respirator (PAPR). OSHA has found a lack of evidence that such evaluations prevent material health impairment and believe the proposal could reduce employers' regulatory burdens and costs.

OSHA further proposes to remove a provision in the Walking-Working Surfaces standard that sets a deadline 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. 29 CFR 1910.28(b)(9)(i)(D) (subpart D). During the 2016 rulemaking process for this rule, OSHA received comments voicing concerns with the cost and feasibility of replacing or updating existing ladders. OSHA anticipates that its proposed change will "allow employers to update their ladders when the ladders reach the end of their service lives, accommodating the lengthy service life of fixed ladders while significantly reducing costs and offering greater flexibility."

Last, OSHA proposes to remove requirements in several standards, which it found to be ineffective and unnecessary, that require red to be the color for the identification of danger and stop and that yellow be the color to signal caution and for marking hazards such as striking against, falling, tripping, and caught-in-between. 29 CFR 1910.262; 29 CFR 1910.265; 29 CFR 1915.90; 29 CFR 1910.144.

OSHA first published its proposed rulemaking in the Federal Register on July 1, 2025, and published additional rulemaking on April 6, 2026, regarding Walking-Working Surfaces.

Registration to provide public testimony or documentary evidence, or to question witnesses at the hearings, is now open until July 6, 2026.

There are options for testimony length and documentary evidence, and requirements for written submissions. OSHA may or may not allow post-hearing submissions, but keep in mind that while OSHA has accepted post-hearing comments from stakeholders who testified during a particular hearing in the past, any submissions on these current regulations will likely be restricted to only those parties who testify on a particular regulation. For assistance in presenting testimony or otherwise appearing at the hearing, consider consulting experienced safety counsel.

Felicia K. Watson, Peter Vassalo, Catherine Seidelman and Matthew Holmes

Littler Mendelson

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63rd Floor

California

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United States

Tel.: +1 213 443-4245

E-mail: JKlein@littler.com

URL: www.littler.com/

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