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Legislation and Regulation Keyed to Manning, 5th Ed.
Chamber of Commerce of the United States v. United States Department of Labor
Citation:
174 F.3d 206 (1999)Facts
OSHA issued a Directive establishing the “High Injury/Illness Rate Targeting and Cooperative Compliance Program” aimed at improving worker safety at approximately 12,500 workplaces with high injury rates. Under the Directive, these workplaces were placed on a “primary inspection list” and would be subjected to comprehensive inspections. However, employers could reduce their inspection probability by 70-90% by participating in the Cooperative Compliance Program (CCP). Participation required implementing a “comprehensive safety and health program” that exceeded statutory requirements, addressing not just legal compliance but also voluntary standards, industry practices, and suppliers’ safety recommendations. The Chamber of Commerce challenged the Directive, arguing that OSHA violated the Administrative Procedure Act by not providing notice and opportunity for comment before issuing it.
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