Overview: Regulatory Compliance Requirements

The lesson of the Titanic:

The ship WAS in compliance with regulations!

• 1890s British Maritime Safety Law

  • One life boat per 715 tons

  • Maximum tonnage addressed: 10,000 (14 life boats)

• Regulations never updated as ships got heavier

  • Titanic "in compliance" (exceeded by 3%) with 17 life boats

  • Titanic weighed in excess of 45,000 tons (needed 64 life boats)

• Regulations are considered the "minimum"

  • Compliance with the "minimum" is no excuse for intelligent engineering

  • We must often exceed the "minimum" to ensure optimum protection of people, property and the environment

• Action:

  • Manage Agency

    • Provide direction

    • Set agendas

• Control:

  • Appoints Director

  • Develops budget

  • Holds VETO power

  • Can also remove Director

• Action:

  • Review Agency

    • Adjudicate appeals

    • Resolve disputes

• Control:

  • Interprets statutes

  • Sets precedence

  • Decides case law

• Action:

  • Create Agency (by Act)

• Control:

  • Statutory Mandate

  • Commerce Clause

  • Delegation Doctrine

  • Procedural Mandate

  • Statutory Amendment

  • Informal Controls

    • Appointment Approvals

    • Budget Approvals

• The Occupational Safety & Health Act of 1970 (PL 91-596)

  • Occupational Safety & Health Administration (OSHA)

    • Regulate and Enforce

  • National Institute for Occupational Safety & Health (NIOSH)

    • Research and Recommend

  • Occupational Safety & Health Review Commission (OSHRC)

    • Adjudicate and Interpret

• First announced in the Federal Register (FR)

  • Issued daily by Federal Agencies (such as OSHA, EPA)

    • The "First-Look" at a new regulation

• Incorporated into the Code of Federal Regulations (CFR)

  • Title 29 ("Labor"), Part 1910 ("General Industry")

    • Expressed as 29 CFR 1910 (for Safety - General Industry)

Figure (available in full paper)

• OSHA has the initial burden to prove:

  • The standard applies to the cited employer;

  • The standard's requirements were not met;

  • Employees were exposed to hazards as a result, and