Regardless of the industry, Mississippi businesses are charged with keeping workers safe. If an employee is injured, there are certain protocols that must be followed during the course of the investigation. The government agency that regulates workplace health and safety standards is the Occupational Safety and Health Administration. This post will focus on how the rules on workplace safety are made.
The first stage of rulemaking takes about 12 to 36 months. During this time, data is collected to determine the scope of the problem. There is an opportunity for the public to review the findings when a public rulemaking docket is established.
In stage 2, the proposed rule is developed. This stage also takes 12 to 36 months and involves a health effects analysis, risk assessment and preliminary economic and regulatory flexibility.
In stage 3, the public is then involved. In this stage, the proposed rule is published for public review.
Stage 4 is when the rulemaking record is developed and analyzed. In this stage there is a review of all written comments, exhibits and testimony.
In stage 5, the final rule is developed between 18 and 36 months. The final regulatory text is prepared during this stage.
In stage 6, the final rule is published. The final rule is sent to Congress.
In stage 7, the post promulgation occurs. In this stage compliance protocol is developed. If there are any pending legal actions, a response is sent at this stage.
An understanding of the rulemaking process may be important for an injured worker because citizens can affect this process. This rulemaking process can begin due to an OSHA initiative or in response to petitions from another party. This includes state and local governments or any interested party.
Source: OSHA.gov, “OSHA Law and Regulations,” accessed on Sept. 21, 2015