Federal requirements

OSHA must comply with several requirements in its pursuit of rulemakings.

Regulatory Flexibility Act

Requires OSHA to publish with a proposed rule the proposal certification that the rule would not pose a “significant economic impact on a substantial number of small entities.” Barring that, the proposed rule must contain an estimate of the impact the rule would have on small businesses, as well as a description of alternatives to minimize the rule’s impact. In a final rule, OSHA must address the comments received and explain why alternatives were rejected.

Executive Order 12866v

Any regulatory action that could cost the economy $100 million or more annually must be submitted to the Office of Information and Regulatory Affairs – within the White House’s Office of Management and Budget – before being published, along with the rule’s requirements and a cost-benefit assessment of the rule.

Small Business Regulatory Enforcement Fairness Act

Requires OSHA to work with the Small Business Administration to form panels made up of affected small businesses, and publish their recommendations if the panels conclude the proposed rule will have a significant impact on small businesses.

Source: Government Accountability Office

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