OSHA Schedules Public Hearings on Deregulatory Proposals
The Occupational Safety and Health Administration (OSHA) has scheduled several informal public hearings on more than 20 deregulatory rulemaking proposals that OSHA released last summer, along with a recent proposal addressing compliance deadlines under OSHA’s Walking-Working Surfaces standard. Together, these proposals reach standards that touch employers across a wide range of industries. Stakeholders who want to shape the outcome have a narrow window to act. These virtual hearings kick off beginning Wednesday, August 19, 2026, at 9:30 a.m. EST.
The proposals fit under the administration’s Executive Order 14192 on “Unleashing Prosperity Through Deregulation” and the U.S. Department of Labor’s related deregulatory initiative. OSHA describes its overarching goal as modernizing workplace safety standards, reducing compliance burdens, and increasing flexibility across industries.
What’s on the Table
Many of OSHA’s proposals concern respiratory protection requirements for substance-specific standards, including asbestos, benzene, cadmium, formaldehyde, lead, methylene chloride, vinyl chloride, and other regulated chemicals. OSHA says that these proposals are intended to better align substance-specific respiratory protection provisions with OSHA’s General Respiratory Protection Standard and, in some cases, to allow for the use of newer technology or reduce duplicative requirements.
OSHA also will take testimony on other proposed changes, including proposals addressing medical evaluation requirements for certain respirators, safety color code requirements, construction illumination requirements, and OSHA’s interpretation of the General Duty Clause for hazards that the agency characterizes as inherent and inseparable from certain professional activities.
A Reprieve on the 2036 Fixed-Ladder Deadline
The hearings also will cover OSHA’s April 2026 proposal to revise its Walking-Working Surfaces standard for fixed ladders. Under current requirements, employers must install personal fall arrest systems or ladder safety systems on fixed ladders that extend more than 24 feet above a lower level by November 18, 2036.
OSHA has proposed removing that deadline, while keeping in place the requirement that any new or replacement fixed ladders be equipped with these systems. The agency has stated that the change would give employers more flexibility to update fixed ladders when they reach the end of their service lives, rather than requiring retrofits by a single regulatory deadline. Employers would also be able to continue using existing ladder cages or wells until those ladders are replaced. The proposal grew out of a July 2025 petition from petroleum and chemical industry groups, which argued that the retrofit requirement would impose substantial costs with little corresponding safety benefit.
Want to Participate in the Hearings? Mark These Dates
Anyone who wishes to testify, provide documentary evidence, or question other witnesses at the hearings must submit a Notice of Intention to Appear by July 6, 2026 at this link. OSHA also requires individuals who request more than 10 minutes for their presentations, or who intend to submit documentary evidence, to submit the full text of their testimony and any documentary evidence by August 5, 2026.
The hearings will be informal and legislative in nature. An administrative law judge will preside – but the hearings are not adjudicative proceedings (you can leave your evidentiary rule books at home). OSHA has stated that the purpose of the hearings is to gather and clarify information for the rulemaking record.
What Employers Should Do Now
The hearings mark the next step in OSHA’s deregulatory rulemaking process, but the proposals are not yet final. Employers should continue to comply with existing OSHA standards unless and until OSHA issues final rules revising or rescinding those requirements.
At the same time, employers in affected industries may wish to evaluate whether the proposals would affect their respiratory protection programs, fixed ladder compliance plans, hazard communication and signage practices, construction safety procedures, or broader OSHA compliance strategies. Employers that may be affected by one or more of the proposals should also consider whether to participate in the hearing process or monitor the hearing record for issues that could affect final rule language.
Although the proposals could reduce or streamline certain federal OSHA obligations if finalized, state-plan states may also need to address any corresponding changes to their own occupational safety and health requirements.
This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.
