29 U.S.C. § 655 – OSHA Standards for Hazardous Substances & Workplace Safety
Code Details
29 USC 655: Standards
Text contains those laws in effect on August 26, 2025
From Title 29-LABOR
CHAPTER 15-OCCUPATIONAL SAFETY AND HEALTH
Exact Statute Text
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(a) Promulgation by Secretary of national consensus standards and established Federal standards; time for promulgation; conflicting standards
Without regard to chapter 5 of title 5 or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this chapter and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees.
(b) Procedure for promulgation, modification, or revocation of standards
The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner:
(1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this chapter, the Secretary may request the recommendations of an advisory committee appointed under section 656 of this title. The Secretary shall provide such an advisory committee with any proposals of his own or of the Secretary of Health and Human Services, together with all pertinent factual information developed by the Secretary or the Secretary of Health and Human Services, or otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within ninety days from the date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, but in no event for a period which is longer than two hundred and seventy days.
(2) The Secretary shall publish a proposed rule promulgating, modifying, or revoking an occupational safety or health standard in the Federal Register and shall afford interested persons a period of thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary determines that a rule should be issued, he shall publish the proposed rule within sixty days after the submission of the advisory committee’s recommendations or the expiration of the period prescribed by the Secretary for such submission.
(3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds therefor and requesting a public hearing on such objections. Within thirty days after the last day for filing such objections, the Secretary shall publish in the Federal Register a notice specifying the occupational safety or health standard to which objections have been filed and a hearing requested, and specifying a time and place for such hearing.
(4) Within sixty days after the expiration of the period provided for the submission of written data or comments under paragraph (2), or within sixty days after the completion of any hearing held under paragraph (3), the Secretary shall issue a rule promulgating, modifying, or revoking an occupational safety or health standard or make a determination that a rule should not be issued. Such a rule may contain a provision delaying its effective date for such period (not in excess of ninety days) as the Secretary determines may be necessary to insure that affected employers and employees will be informed of the existence of the standard and of its terms and that employers affected are given an opportunity to familiarize themselves and their employees with the existence of the requirements of the standard.
(5) The Secretary, in promulgating standards dealing with toxic materials or harmful physical agents under this subsection, shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life. Development of standards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.
(6)(A) Any employer may apply to the Secretary for a temporary order granting a variance from a standard or any provision thereof promulgated under this section. Such temporary order shall be granted only if the employer files an application which meets the requirements of clause (B) and establishes that (i) he is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date, (ii) he is taking all available steps to safeguard his employees against the hazards covered by the standard, and (iii) he has an effective program for coming into compliance with the standard as quickly as practicable. Any temporary order issued under this paragraph shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing: Provided, That the Secretary may issue one interim order to be effective until a decision is made on the basis of the hearing. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice (I) so long as the requirements of this paragraph are met and (II) if an application for renewal is filed at least 90 days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than 180 days.
(B) An application for a temporary order under this paragraph (6) shall contain:
(i) a specification of the standard or portion thereof from which the employer seeks a variance,
(ii) a representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor,
(iii) a statement of the steps he has taken and will take (with specific dates) to protect employees against the hazard covered by the standard,
(iv) a statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take (with dates specified) to come into compliance with the standard, and
(v) a certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means.
A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the Secretary for a hearing.
(C) The Secretary is authorized to grant a variance from any standard or portion thereof whenever he determines, or the Secretary of Health and Human Services certifies, that such variance is necessary to permit an employer to participate in an experiment approved by him or the Secretary of Health and Human Services designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.
(7) Any standard promulgated under this subsection shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, such standard shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be necessary for the protection of employees. In addition, where appropriate, any such standard shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. In the event such medical examinations are in the nature of research, as determined by the Secretary of Health and Human Services, such examinations may be furnished at the expense of the Secretary of Health and Human Services. The results of such examinations or tests shall be furnished only to the Secretary or the Secretary of Health and Human Services, and, at the request of the employee, to his physician. The Secretary, in consultation with the Secretary of Health and Human Services, may by rule promulgated pursuant to section 553 of title 5, make appropriate modifications in the foregoing requirements relating to the use of labels or other forms of warning, monitoring or measuring, and medical examinations, as may be warranted by experience, information, or medical or technological developments acquired subsequent to the promulgation of the relevant standard.
(8) Whenever a rule promulgated by the Secretary differs substantially from an existing national consensus standard, the Secretary shall, at the same time, publish in the Federal Register a statement of the reasons why the rule as adopted will better effectuate the purposes of this chapter than the national consensus standard.
(c) Emergency temporary standards
(1) The Secretary shall provide, without regard to the requirements of chapter 5 of title 5, for an emergency temporary standard to take immediate effect upon publication in the Federal Register if he determines (A) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (B) that such emergency standard is necessary to protect employees from such danger.
(2) Such standard shall be effective until superseded by a standard promulgated in accordance with the procedures prescribed in paragraph (3) of this subsection.
(3) Upon publication of such standard in the Federal Register the Secretary shall commence a proceeding in accordance with subsection (b), and the standard as published shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a standard under this paragraph no later than six months after publication of the emergency standard as provided in paragraph (2) of this subsection.
(d) Variances from standards; procedure
Any affected employer may apply to the Secretary for a rule or order for a variance from a standard promulgated under this section. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The Secretary shall issue such rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees, or by the Secretary on his own motion, in the manner prescribed for its issuance under this subsection at any time after six months from its issuance.
(e) Statement of reasons for Secretary’s determinations; publication in Federal Register
Whenever the Secretary promulgates any standard, makes any rule, order, or decision, grants any exemption or extension of time, or compromises, mitigates, or settles any penalty assessed under this chapter, he shall include a statement of the reasons for such action, which shall be published in the Federal Register.
(f) Judicial review
Any person who may be adversely affected by a standard issued under this section may at any time prior to the sixtieth day after such standard is promulgated file a petition challenging the validity of such standard with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise ordered by the court, operate as a stay of the standard. The determinations of the Secretary shall be conclusive if supported by substantial evidence in the record considered as a whole.
(g) Priority for establishment of standards
In determining the priority for establishing standards under this section, the Secretary shall give due regard to the urgency of the need for mandatory safety and health standards for particular industries, trades, crafts, occupations, businesses, workplaces or work environments. The Secretary shall also give due regard to the recommendations of the Secretary of Health and Human Services regarding the need for mandatory standards in determining the priority for establishing such standards.
29 U.S.C. § 655 Summary
This federal statute, 29 U.S.C. § 655, outlines the comprehensive procedures and requirements for the Secretary of Labor, through the Occupational Safety and Health Administration (OSHA), to establish, modify, or revoke occupational safety and health standards. These standards are critical for ensuring safe working conditions across various industries.
Initially, the statute mandated the adoption of existing national consensus standards and established federal standards to quickly implement foundational safety measures. Subsequently, it details a robust rulemaking process for new or revised standards, allowing for input from interested parties, advisory committees, public comments, and hearings. A significant provision focuses on standards for toxic materials and harmful physical agents, requiring the Secretary to set standards that, to the extent feasible, prevent material impairment of health for employees over their working lives, based on the best available evidence.
The law also provides mechanisms for employers to request “variances” from a standard if they can demonstrate an inability to comply immediately while still protecting employees, or if they can prove their alternative methods offer equivalent safety. In urgent situations, OSHA can issue “emergency temporary standards” to address immediate, grave dangers, which take effect quickly but must then proceed through the regular rulemaking process. All major decisions made by the Secretary under this section, including the promulgation of standards or the granting of variances, must be accompanied by a statement of reasons published in the Federal Register. Additionally, the statute allows for judicial review of any standard by affected persons in a U.S. court of appeals. Finally, it guides the Secretary on prioritizing the establishment of new standards, emphasizing urgency and recommendations from health authorities. This statute applies to all employers and workplaces covered under the Occupational Safety and Health Act, impacting millions of workers nationwide.
Purpose of 29 U.S.C. § 655
The legislative intent behind this statute is to establish a clear, structured, and legally sound framework for the creation and enforcement of workplace safety and health standards across the United States. Its primary goal is to ensure that employees are protected from known and emerging hazards in their work environments, thereby reducing occupational injuries, illnesses, and fatalities. By detailing the process for promulgating standards—from initial adoption of existing best practices to the complex scientific and public review of new rules—this section serves as the operational backbone for OSHA’s mission.
This statute addresses the fundamental problem of inconsistent or absent safety regulations across industries, aiming to create a uniform and high level of protection for workers. It empowers the Secretary of Labor to act decisively in the face of grave dangers through emergency standards, while also ensuring due process and scientific rigor for long-term standards. Ultimately, 29 U.S.C. § 655 is designed to foster a safer and healthier work environment by mandating the development of specific, enforceable guidelines that employers must follow to safeguard their workforce. This helps prevent workplace accidents, exposure to hazardous substances, and long-term health impairments, promoting overall worker well-being and productivity.
Real-World Example of 29 U.S.C. § 655
Consider a large chemical manufacturing plant that develops a new process involving a chemical agent previously not widely used. After several employees report unusual respiratory issues, an internal safety review suggests a link to the new chemical. An interested labor union, representing the plant’s workers, submits a written request to the Secretary of Labor, citing the reported illnesses and new research indicating the chemical’s toxicity.
Under 29 U.S.C. § 655(b)(1), the Secretary reviews this information. If the evidence suggests a significant health risk, the Secretary might form an advisory committee, as outlined in the statute, to study the chemical and recommend exposure limits, necessary personal protective equipment (PPE), and monitoring protocols. The committee, along with experts from the National Institute for Occupational Safety and Health (NIOSH), develops a proposed standard.
Following the process in § 655(b)(2), the proposed standard is published in the Federal Register, allowing interested parties—including the chemical manufacturer, other industry groups, and health advocacy organizations—to submit comments and data. If significant objections are raised, a public hearing might be held under § 655(b)(3). Based on all the gathered evidence, comments, and hearing testimony, the Secretary, per § 655(b)(4) and (5), would then issue a final rule, setting permissible exposure limits, specifying ventilation requirements, mandating specific types of respirators, and requiring medical surveillance for exposed employees. The standard would also include requirements for hazard communication, such as specific labels and warnings for containers, as detailed in § 655(b)(7).
If, during this process, an employer finds they cannot immediately comply with a new standard’s effective date due to necessary equipment upgrades taking time, they could apply for a temporary variance under § 655(b)(6). They would need to demonstrate they are taking all feasible steps to protect employees in the interim and have a concrete plan to achieve full compliance as quickly as possible. This example illustrates how the statute facilitates the development of specific safety rules to address real-world workplace hazards and provides mechanisms for both compliance and adaptation.
Related Statutes
- 29 U.S.C. § 651 – Congressional Statement of Findings and Purpose: This introductory section of the OSH Act establishes the fundamental goal of the chapter: to assure safe and healthful working conditions for every American worker. It sets the stage for the specific powers granted to the Secretary of Labor in § 655 to achieve this purpose through standard setting.
- 29 U.S.C. § 654 – Duties of Employers and Employees: This section outlines the general duty of employers to furnish a workplace free from recognized hazards causing or likely to cause death or serious physical harm, and to comply with occupational safety and health standards promulgated under this chapter. It directly links to § 655, as the standards developed via § 655 are the specific requirements employers must adhere to.
- 29 U.S.C. § 656 – Advisory Committees: Explicitly referenced in § 655(b)(1), this section details the formation and function of advisory committees that assist the Secretary in developing occupational safety and health standards.
- 29 U.S.C. § 657 – Inspections, Investigations, and Recordkeeping: Once standards are established under § 655, this statute governs how OSHA inspects workplaces to ensure compliance with those standards and how employers must maintain records relevant to safety and health.
- 29 U.S.C. § 658 – Citations: This section addresses the issuance of citations to employers who fail to comply with standards promulgated under § 655, laying out the legal consequences for violations identified during inspections.
- 29 U.S.C. § 660 – Judicial Review: While § 655(f) specifically allows for judicial review of the *standards themselves*, § 660 permits judicial review of *orders* of the Occupational Safety and Health Review Commission, often pertaining to the enforcement of those standards against employers. These two sections together ensure accountability in both the promulgation and application of OSHA standards.
Case Law Interpreting 29 U.S.C. § 655
The provisions of 29 U.S.C. § 655, particularly subsection (b)(5) concerning standards for toxic materials, have been the subject of significant legal interpretation, shaping the scope of OSHA’s authority.
- Industrial Union Dept., AFL-CIO v. American Petroleum Institute, 448 U.S. 607 (1980): Commonly known as the “Benzene Case,” this landmark Supreme Court decision addressed the meaning of “significant risk” and “feasible” in 29 U.S.C. § 655(b)(5). The Court vacated OSHA’s standard for benzene, finding that OSHA had not demonstrated that the existing levels of benzene exposure posed a “significant risk” of harm or that a reduction to the new standard was “reasonably necessary or appropriate” to provide a safe workplace. This case established that OSHA must find that a place of employment is unsafe—meaning that there is a significant risk of harm—before it can promulgate a standard under § 655(b)(5).
* Find the case on Google Scholar: Industrial Union Dept., AFL-CIO v. American Petroleum Institute
- American Textile Manufacturers Institute, Inc. v. Donovan, 452 U.S. 490 (1981): Following the Benzene case, the Supreme Court addressed the term “feasible” in 29 U.S.C. § 655(b)(5) in this case, often referred to as the “Cotton Dust Case.” The Court held that “feasible” means “capable of being done, executed, or effected,” both technologically and economically, and does not require a cost-benefit analysis. OSHA is not required to show that the benefits of a standard outweigh its costs; rather, the agency must demonstrate that compliance with the standard is achievable for the industry. This ruling clarified that OSHA’s mandate under § 655(b)(5) is primarily health-based, not cost-benefit driven, provided the standard is feasible.
* Find the case on Google Scholar: American Textile Manufacturers Institute, Inc. v. Donovan
These cases underscore the legal complexities involved in setting health and safety standards, particularly concerning the balance between protecting workers and the practical realities for employers.
Why 29 U.S.C. § 655 Matters in Personal Injury Litigation
While the Occupational Safety and Health Act (OSH Act) generally does not create a private right of action for an injured employee to sue their employer directly for an OSHA violation, the standards promulgated under 29 U.S.C. § 655 play a critical, albeit indirect, role in Texas personal injury litigation.
For plaintiffs, evidence of an employer’s (or a third-party’s) violation of a specific OSHA standard established under § 655 can be compelling proof of negligence. In Texas, a plaintiff must prove that a defendant breached a duty of care, and an OSHA standard often defines what a reasonably prudent employer would do to ensure workplace safety. If an injury occurs due to a hazard that an OSHA standard was designed to mitigate, and the defendant failed to comply with that standard, it can serve as strong evidence that the defendant fell below the expected standard of care. This may be used to establish negligence per se in some instances or, more commonly, as evidence of negligence for a jury to consider.
For example, if a worker is injured due to exposure to a toxic substance, and it is discovered that the employer failed to provide the specific protective equipment mandated by a § 655 standard, this failure directly implicates the employer’s responsibility. Such evidence can be crucial in cases involving serious workplace injuries, industrial accidents, or wrongful death claims, especially when the employer is not covered by workers’ compensation insurance or when the case involves a third-party defendant (e.g., a contractor, equipment manufacturer, or property owner).
For defense attorneys, understanding 29 U.S.C. § 655 is equally vital. They may argue that their client was in full compliance with all applicable OSHA standards, thereby demonstrating that the employer met or exceeded the industry’s duty of care. Conversely, they might challenge the applicability of a specific standard to the incident or argue that compliance was not feasible or would not have prevented the injury. They may also point to the statute’s provisions for variances, arguing that an employer had a legitimate, approved deviation from a standard.
In essence, these federal safety standards provide a benchmark for workplace safety, influencing how negligence is proven or defended in personal injury lawsuits, even if the lawsuit itself is not directly brought under OSHA. For legal professionals and those impacted by workplace incidents, familiarity with the regulatory framework under 29 U.S.C. § 655 is essential for understanding the foundations of workplace safety and accountability.