ABSTRACT

This chapter analyzes administrative law. It assesses the Occupational Safety and Health (OSH) Act and applicable administrative processes. The chapter also analyzes promulgation of an Occupational Safety and Health Administration (OSHA) standard. It aims to understand the penalties under the OSH Act. The chapter explains the state plans under the OSH Act. OSHA may also develop a Request for Information or an Advanced Notice of Proposed Rulemaking. In cases where OSHA does not expect significant comment, OSHA can choose to publish a direct final rule at the same time as the Notice of Proposed Rulemaking. Office of Management and Budget (OMB) again reviews the final rule to determine whether or not the rule is considered "significant regulatory action" and solicits comment from other government agencies affected by the final rule. If OMB determines the standard or rule to be major, OSHA must delay the effective date by 60 days after the publication date in the Federal Register.