On August 29, 2008, the DOL’s Office of the Assistant Secretary for Policy issued a notice of proposed rulemaking (NPRM) that changes the methods used to measure workplace exposure to toxic substances and hazardous chemicals. Under this proposed rule, agencies must seek out and receive all relevant data before proposing a health standard. 

In particular, the proposed rule makes two significant changes to the existing regulations:

• When developing a health standard regulating occupational exposure to a toxic substance or hazardous chemical, agencies must issue an Advance Notice of Proposed Rulemaking (ANPRM) soliciting input on studies, scientific information, data describing the frequency, intensity and duration of exposure of workers in affected industries and occupations, key default factors and assumptions, and other relevant information.
• Agencies must post electronically all documents relevant to a rulemaking addressing occupational exposure to toxic substances and hazardous chemicals no later than fourteen days after the conclusion of the relevant rulemaking step that relied upon or utilized those documents. The rulemaking steps include, but are not limited to, publishing an ANPRM, concluding the Small Business Regulatory Fairness Act (SBREFA) process, publishing of the NPRM, concluding any public hearing, and publishing a final rule.

The Office for the Assistant Secretary for Policy has also asked for public comments in connection with this proposed rule. The comment period will remain open until September 29, 2008. Comments may be submitted in two ways:  1) post the comments electronically through the Federal eRulemaking Portal at http://www.regulations.gov/ or 2) mail or hand deliver to the Office of the Assistant Secretary for Policy, 200 Constitution Ave., NW, S-2312, N.W., Washington, D.C., 20210, Attention: Risk Assessment Policy.