1. Administrative Agencies Chapter 4

2. Copyright © 2007 Thomson Delmar Learning Objectives Identify executive-branch agencies. Explain that administrative agencies exist at the federal, state, and local levels. Explain how agencies are created and the purpose of enabling acts.

3. Copyright © 2007 Thomson Delmar Learning Describe separation of powers concerns and methods created by administrative agencies. Explain the jurisdiction of OSHA and OSHA’s three primary activities. Objectives

4. Copyright © 2007 Thomson Delmar Learning Define approved plan state and non-approved plan state. Explain why the term “OSHA state” is ambiguous. Explain the function of OSHRC. Explain application of OSHA to volunteer and part- time firefighters. Objectives

5. Copyright © 2007 Thomson Delmar Learning Administrative Agencies Exist within the executive branch Fill a vital role in our government –Create laws, called regulations –Investigate and enforce the law –Act as tribunals to hear cases

6. Copyright © 2007 Thomson Delmar Learning Administrative Agencies Exist at the federal, state, and local levels Created by legislative branch through an enabling act –Specifies purpose and authority of agency –May include a grant or delegation of powers

7. Copyright © 2007 Thomson Delmar Learning Role of Administrative Agencies Developing regulations Rulemaking Investigations Enforcement of regulations Hearings and adjudication

8. Copyright © 2007 Thomson Delmar Learning Administrative Lawmaking Agency must have authority from the legislature to create regulations Regulations must be consistent with statutes and enabling act

9. Copyright © 2007 Thomson Delmar Learning Developing Regulations Regulations must be constitutional Regulations must be issued in accordance with the agency’s rules Must allow public comment on regulations Proposed federal regulations are published in Federal Register

10. Copyright © 2007 Thomson Delmar Learning Investigations Combined with authority to cite and enforce (OSHA) May be purely to investigate (NIOSH) Agency may be granted power to –Subpoena –Obtain administrative search warrants

11. Copyright © 2007 Thomson Delmar Learning Enforcement Power to start an administrative action Commenced by filing a complaint by or with the agency itself

12. Copyright © 2007 Thomson Delmar Learning Hearings Some agencies conduct trial-like tribunals Presided over by an administrative law judge or hearing officer Agency enforcing the laws (OSHA) cannot conduct the hearing –OSHRC conducts hearings for OSHA issues

13. Copyright © 2007 Thomson Delmar Learning Control of Administrative Agencies Potential for abuse is present Agencies exercise powers of all three branches Risks violating separation of powers

14. Copyright © 2007 Thomson Delmar Learning Control of Administrative Agencies Limits must be placed on agency power Controls –Political process –Judicial review –Public accountability laws

15. Copyright © 2007 Thomson Delmar Learning Control via Political Process President (executive) controls agencies –Appoints the agency’s director Congress control –Legislation to curb agency power –Cut agency funding

16. Copyright © 2007 Thomson Delmar Learning Control via Judicial Review Available for most agency actions –Scope of review may vary Constitutional requirement –Federal courts have right to interpret and determine validity of acts of Congress

17. Copyright © 2007 Thomson Delmar Learning Judicial Review Standing –Party seeking to challenge an agency action is somehow adversely affected or aggrieved by that action Exhaustion of remedies –Available to seek relief through the administrative remedy first

18. Copyright © 2007 Thomson Delmar Learning Public Accountability Laws Mandate public access to government records and decisions Provide controls over agencies Similar laws on state and federal level –Open records laws/freedom of information –Open meetings/sunshine laws

19. Copyright © 2007 Thomson Delmar Learning OSHA Occupational Safety and Health Administration Agency within Department of Labor –Protects worker health and safety Enabling legislation –OSH Act of 1970

20. Copyright © 2007 Thomson Delmar Learning OSHA Compliance Two basic duties for employers 1.Comply with all applicable OSHA regulations 2.Maintain a workplace that is free from recognized hazards

21. Copyright © 2007 Thomson Delmar Learning General Duty Clause Requires an employer to: –Take affirmative steps to prevent injuries and illnesses to workers in the absence of a specific OSHA regulation –Take extra steps to recognize hazards

22. Copyright © 2007 Thomson Delmar Learning General Duty Clause Wide safety standards for industry –Show a hazard has been recognized in a particular industry –Employers who fail to follow industrywide safety standards risk violating the general duty clause

23. Copyright © 2007 Thomson Delmar Learning OSHA Inspections OSHA may inspect any place of employment at any reasonable time Inspection may be initiated by –A complaint –An accident –As part of safety program

24. Copyright © 2007 Thomson Delmar Learning OSHA and the NFPA Standards NFPA standards are recognized as industrywide health and safety standards Failure to comply with an NFPA standard can be the basis for a general duty clause violation

25. Copyright © 2007 Thomson Delmar Learning OSHA Violations and Sanctions Failure to comply with OSHA or general duty clause can result in citation –Fines and penalties If deemed to be willful can be prosecuted by the United States Attorney’s Office as criminal offenses

26. Copyright © 2007 Thomson Delmar Learning OSHRC Occupational Safety and Health Review Commission –Administrative tribunal Separate from OSHA –Hears only OSHA citations

27. Copyright © 2007 Thomson Delmar Learning Jurisdiction and the Term “OSHA State” “OSHA state” refers to OSH Act –Encourages states to take over regulations Better terms –Approved plan OSHA state –Non-approved plan OSHA state

28. Copyright © 2007 Thomson Delmar Learning OSHA and Firefighters OSHA works through states to try to impact public employees –Financial assistance for OSHA enforcement Many states have adopted OSHA standards for public sector employers

29. Copyright © 2007 Thomson Delmar Learning Hazardous Materials Governed by federal and state laws Involve different federal and state agencies OSHA standards –HAZCOMM –HAZWOPER

30. Copyright © 2007 Thomson Delmar Learning Summary Administrative agencies Enabling acts Authority Controls over agencies OSHA