2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361h - Occupational safety and health standards to be approved by the Secretary

(a) The Secretary is authorized to approve, amend or revoke, in whole or in part, any occupational safety and health standard at his own initiative. The Secretary may consider for approval any draft for and/or amendment of occupational safety and health standards submitted by employers, employees and other interested persons.
(b) The Secretary shall give public notice of any proposed standard or amendment or order revoking an existing standard by publication of a notice in two (2) newspapers of general circulation in the Commonwealth of Puerto Rico, affording the interested parties a period of thirty (30) days after publication to submit written data or comments.
(c) On or before the last day of the period provided for submission of written data or comments under subsection (b) of this section, any interested person may file with the Secretary written objections to the proposed standard, amendment or revoking order stating the grounds therefor and requesting a public hearing on such objections. Within thirty (30) days after the last day for filing such objections, the Secretary shall publish in two (2) newspapers of general circulation in the Commonwealth of Puerto Rico a notice specifying the occupational safety and health standard to which the objections have been filed and a hearing requested, and specifying a time and place for such hearing. In the event such objections are not filed in writing, the Secretary may, if he deems it necessary, hold a public hearing for the general discussion of the proposed standard, amendment or revoking order, giving notice of said hearing on the date and in the manner herein described. Any hearing under this subsection shall be held at least thirty (30) days after publication of the notice but not later than forty-five (45) days after such publication.
(d) At the hearing held under subsection (c) of this section any party interested in or affected by the proposed standard, amendment or revoking order shall be entitled to appear and testify. The Secretary shall establish by rule the proceedings for holding the hearing and shall preside over the same.
(e) The Secretary shall issue an order approving, amending or revoking an occupational safety and health standard or make a determination that said order should not be issued within ninety (90) days after the date of the public hearing held under subsection (c) of this section. If a public hearing has not been held, the Secretary shall issue said order or make said determination within sixty (60) days after the expiration of the period provided for the submission of written data and comments under subsection (c) of this section. In approving a standard or amendment thereto the Secretary may provide for the postponement of its effective date for a period not exceeding ninety (90) days, when the Secretary determines that it is necessary to give more information to the affected employees and to the employers of the existence of the standard and of its terms and requirements.
History —Aug. 5, 1975, No. 16, p. 605, § 9.