Regulations and Regulatory Agenda

Overview

NIOSH is responsible for conducting research and making recommendations for the prevention of work-related injury and illness. We are generally viewed as non-regulatory agency. Other agencies responsible for developing and enforcing workplace safety and health regulations often use NIOSH's guidance and recommendations.

NIOSH is also directly responsible for several regulations. These regulations mostly outline procedures and requirements for specific health and safety related matters involving a particular industry. Or, they set forth rules for NIOSH to follow in administering programs assigned to the Institute. The regulations include rules regarding the following:

1. The Coal Workers Health Surveillance Program;
2. NIOSH grants and educational training programs;
3. Implementation of HHS responsibilities under the Energy Employees Occupational Illness and Compensation Program Act (EEOICPA);
4. Approval of respiratory protective equipment;
5. Conducting investigations at places of employment for the Health Hazard Evaluation (HHE) program and for occupational safety and health research; and
6. Implementation of the World Trade Center Health Program.

Code of Federal Regulations (CFR)

The NIOSH regulations are found in the following parts of the Code of Federal Regulations (CFR) and are linked below.

Records transfer to NIOSH no longer required

The Occupational Safety and Health Administration (OSHA) amended their regulations in 2011 so that employers are no longer required to notify and transfer records to NIOSH. See 76 Federal Register 33590, 33598 for more information about the change, and OSHA's 1910.1020 page for the current requirements.

NIOSH Regulatory Agenda

NIOSH has posted the proposed regulations and regulatory changes below on the Unified Regulatory Agenda as required by Executive Order 12866.

The Unified Agenda provides uniform reporting of data on regulatory and deregulatory activities under development throughout the Federal Government. It is published every spring and fall, and covers approximately 60 departments, agencies, and commissions.

How to petition NIOSH to initiate rulemaking activity

Under the Administrative Procedure Act (5 U.S.C. § 553(e)), each agency must give an interested person the right to petition that agency for the issuance, amendment, or repeal of a rule.

A rulemaking petition must include the following information:

1. Your name and the name of the organization you represent, if applicable, and contact information, including mailing address, email address, and phone number. NIOSH may contact you with questions or clarifications about your petition.
2. An explanation of your proposed action (addition of a new rule, or revision or removal of an existing rule) and its purpose.
3. The language you propose for a new or amended rule, or the language you would remove from an existing rule, or the existing rule you would like repealed.
4. An explanation of why your proposed action would be in the public interest.
5. Information and/or arguments that support and demonstrate the need for your proposed action, including any relevant journal articles or other references, and technical and scientific data. If possible, please include information or data pertaining to the costs, benefits, or other possible burdens or impacts of your proposed action.

You do not need to be or work with a lawyer to file a rulemaking petition. However, if you are aware of a specific statute or regulation relevant to your petition, it is helpful to include such information in your supporting argument. Please include any other pertinent information that will enable NIOSH to fully and efficiently consider your petition.

Submissions should be emailed to NIOSHregs@cdc.gov

Once it is determined that your submission is valid (addressed all five criteria listed above) you will receive an acknowledgement.