OSHA has notified the Small Business Administration Office of Advocacy and the Office of Information and Regulatory Affairs (OIRA) within OMB by letter dated January 6, 2012 that OSHA intends to convene a Small Business Advocacy Review (SBAR) panel under the Small Business Regulatory Enforcement Fairness Act (SBREFA) for its Injury and Illness Prevention Program (I2P2) rule in the next sixty (60) days. The Panel, convened for all rules estimated to have a significant impact on a substantial amount of US small businesses, is one of the first steps in the promulgation of large rulemaking and was scheduled to take place last year.
SCA submitted 2 SER candidates to the Office of Advocacy, however to my knowledge the Panel participant have not yet been selected.
OSHA considers the notification of Advocacy and OIRA of its intent to convene the SBAR (or SBREFA) panel to be public information; however, the materials that will be provided to the panel and Small Entity Representatives (SERs) will remain confidential until the panel is formally convened. At that time, OSHA will place all of the materials in its rulemaking docket so they will be universally available.
Background
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)
What is SBREFA?
In 1996, Congress passed the Small Business Regulatory Enforcement Fairness Act, or SBREFA, in response to concerns expressed by the small business community that Federal regulations were too numerous, too complex and too expensive to implement. SBREFA was designed to give small businesses assistance in understanding and complying with regulations and more of a voice in the development of new regulations. Under SBREFA, the Occupational Safety and Health Administration (OSHA) and other Federal agencies must:
§ Produce Small Entity Compliance Guides for some rules
§ Be responsive to small business inquiries about compliance with the agency’s regulations
§ Submit final rules to Congress for review
§ Have a penalty reduction policy for small businesses
§ Involve small businesses in the development of some proposed rules through Small Business Advocacy Review Panels.
In addition, SBREFA established 10 Small Business Regulatory Fairness Boards to receive comments from small businesses across the country about Federal compliance and enforcement issues and activities, and report these findings annually to Congress. The legislation also gives small businesses expanded authority to recover attorney's fees and costs when a Federal agency has been found to have acted excessively in enforcing Federal regulations.
About the Panel Process
When an OSHA proposal is expected to have a significant impact on a substantial number of small entities, the agency must notify the U.S. Small Business Administration's (SBA) Office of Advocacy. The Office of Advocacy then recommends small entity representatives to be consulted on the rule and its effects. OSHA next convenes a Small Business Advocacy Review Panel, consisting of officials from the agency, the SBA's Chief Counsel for Advocacy, and the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs. The panel hears comments from small entity representatives and reviews the draft proposed rule and related analyses prepared by OSHA. A written report of this interagency panel is submitted to OSHA within 60 days. OSHA reviews the report, makes any appropriate revisions to the rule and publishes the proposed rule along with the panel’s report in the Federal Register.