OSHA Schedules Public Hearings on Sweeping Deregulatory Proposals — What Employers Need to Know Before the July 6 Deadline

What OSHA Is Proposing

The deregulatory initiative, driven by Executive Order 14192 ("Unleashing Prosperity Through Deregulation"), targets what OSHA characterizes as outdated, duplicative, or overly prescriptive requirements embedded in substance-specific standards. The proposals fall into two major categories.

Changes to Chemical-Specific Respiratory Protection Requirements

OSHA is proposing to streamline respiratory protection requirements for the following 16 regulated substances:

• Asbestos
• Benzene
• Lead
• Cadmium
• Formaldehyde
• Ethylene oxide
• Vinyl chloride
• Methylene chloride
• Inorganic arsenic
• 1,3-Butadiene
• Cotton dust
• Coke oven emissions
• Acrylonitrile
• Methylenedianiline (MDA)
• 1,2-Dibromo-3-chloropropane (DBCP)
• 13 additional carcinogens (4-Nitrobiphenyl, etc.)

The proposed changes would align these substance-specific standards more closely with OSHA's general Respiratory Protection standard (29 CFR 1910.134), eliminating what the agency views as duplicative or inconsistent requirements. Key changes include:

• Permitting broader respirator options: Allowing any NIOSH-approved particulate filter — not just HEPA filters — for certain chemical exposures
• Removing substance-specific respirator schedules: Consolidating respirator selection under the general standard's framework
• Increasing employer flexibility: Allowing performance-based approaches rather than prescriptive equipment mandates

Elimination of Medical Evaluations for Certain Respirators

In a separate but related proposal first published on July 1, 2025, OSHA proposes removing the mandatory medical evaluation requirement for two categories of respirators:

1. Filtering facepiece respirators (FFRs) — including N95 masks
2. Loose-fitting powered air-purifying respirators (PAPRs)

OSHA's rationale cites the experience of the COVID-19 pandemic, during which millions of workers used FFRs without prior medical clearance and no significant adverse health outcomes were documented. The agency's analysis concluded that the physiological burden of these devices is minimal for most users.

Medical evaluations would still be mandatory for tight-fitting air-purifying respirators, supplied-air respirators, and self-contained breathing apparatus (SCBA).

The Public Hearing Process

OSHA's virtual hearings will begin August 19, 2026, and continue on subsequent weekdays as needed based on the number of participants. The hearings cover multiple deregulatory proposals published between July 2025 and June 2026.

Key Deadlines

Participants who submit a NOITA may testify, present evidence, and question other witnesses. The SBA Office of Advocacy has encouraged small businesses affected by these proposals to provide input during this process.

Why This Matters for Employers

These proposals represent a fundamental shift in how OSHA approaches chemical safety regulation. For employers who handle any of the 16 listed substances, the implications are significant:

Potential Benefits

• Reduced compliance costs: Eliminating duplicative requirements and medical evaluations for low-risk respirators could save employers significant administrative expense
• Greater flexibility: Performance-based standards allow employers to select protection methods best suited to their operations
• Simplified programs: Consolidating chemical-specific requirements under the general respiratory protection standard reduces programmatic complexity

Potential Risks

• Transition uncertainty: Until final rules are published, employers must continue complying with current standards — planning for changes that may or may not be finalized creates operational challenges
• Liability concerns: If medical evaluations are no longer required for FFRs and PAPRs, employers may face increased liability if a worker experiences adverse effects without prior screening
• Worker protection gaps: Removing or relaxing standards for substances like asbestos, lead, and benzene raises questions about whether general requirements adequately protect workers from well-documented health hazards

The Advisory Committee on Construction Safety and Health (ACCSH) has already recommended that OSHA not proceed with certain elements of these proposals, advising the agency to instead pursue best practices guidance.

What Employers Should Do Now

With the July 6 NOITA deadline approaching, employers should take several immediate and longer-term actions:

Before July 6, 2026

1. Evaluate whether to participate: If your organization uses any of the 16 listed chemicals or maintains a respiratory protection program, consider submitting a Notice of Intention to Appear through OSHA's hearing registration page
2. Review the proposals: Read the Federal Register notice to understand which specific requirements affecting your operations may change
3. Coordinate with industry groups: Trade associations and professional organizations are mobilizing responses — coordinated testimony carries more weight

Ongoing Compliance Actions

4. Continue complying with current standards: Until a final rule is published, existing chemical-specific standards remain fully enforceable. Do not relax any current protections based on proposed changes
5. Audit your respiratory protection program: Document your current compliance baseline. If standards are relaxed, this documentation protects you; if they are tightened or unchanged, it demonstrates good faith
6. Assess internal policies vs. regulatory minimums: Many employers maintain protections that exceed OSHA minimums. Determine which of your practices are driven by regulation vs. best practice — the latter should remain regardless of regulatory changes
7. Monitor rulemaking progress: Track updates on OSHA's deregulatory rulemaking page and sign up for Federal Register alerts on the relevant docket numbers

Longer-Term Strategic Planning

8. Update training programs: Prepare updated training materials that reflect potential changes but emphasize that current standards apply until further notice
9. Engage your EHS team: Ensure environmental health and safety professionals understand the proposed changes and are prepared to adjust programs if and when final rules are issued
10. Document decision-making: If you ultimately reduce any protections based on final deregulatory rules, document the rationale, risk assessment, and any alternative safeguards implemented

The Broader Regulatory Context

This deregulatory push is part of a larger shift in OSHA's regulatory posture under Executive Order 14192, which requires agencies to identify at least 10 regulations for repeal for every new regulation issued. For OSHA specifically, this has also included:

• A proposed limitation on General Duty Clause citations for hazards deemed "inherent and inseparable" from professional activities
• Proposed changes to walking-working surface standards, including removal of deadlines for fixed ladder fall-arrest systems
• Amendments to physical hazard marking (Safety Color Code) requirements

With OSHA's 2026 inspection count at over 33,000 and penalties exceeding $124 million year-to-date, enforcement remains active even as the regulatory framework faces potential contraction. Employers should not interpret the deregulatory agenda as reduced enforcement attention.

For a comprehensive overview of all 2026 OSHA regulatory changes and compliance timelines, BlueHive's 2026 OSHA Changes white paper provides a detailed employer-focused summary of what has taken effect and what is still coming.

Sources

• Federal Register Notice — OSHA Deregulatory Rulemaking for 16 Chemical Substances (Document 2026-11126)
• OSHA Deregulatory Rulemaking Overview
• OSHA Deregulatory Actions — Hearings Registration
• Federal Register Notice — Amending Medical Evaluation Requirements for Respiratory Protection (Document 2025-12235)
• SBA Office of Advocacy — OSHA to Host Informal Public Hearings on Proposed Deregulatory Actions
• Executive Order 14192 — Unleashing Prosperity Through Deregulation
• OSHA Respiratory Protection Standard (29 CFR 1910.134)
• BlueHive — 2026 OSHA Changes: What Has Taken Effect, What Is Coming