Administrative Agencies Chapter 4. Copyright © 2007 Thomson Delmar Learning Objectives Identify...

Administrative Agencies

Chapter 4

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.


• Describe separation of powers concerns and methods created by administrative agencies.

• Explain the jurisdiction of OSHA and OSHA’s three primary activities.

Objectives


• 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



• 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



• 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


Role of Administrative Agencies

• Developing regulations

• Rulemaking

• Investigations

• Enforcement of regulations

• Hearings and adjudication


Administrative Lawmaking

• Agency must have authority from the legislature to create regulations

• Regulations must be consistent with statutes and enabling act


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


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


Enforcement

• Power to start an administrative action

• Commenced by filing a complaint by or with the agency itself


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


Control of Administrative Agencies

• Potential for abuse is present

• Agencies exercise powers of all three branches

• Risks violating separation of powers


Control of Administrative Agencies

• Limits must be placed on agency power

• Controls– Political process– Judicial review– Public accountability laws


Control via Political Process

• President (executive) controls agencies– Appoints the agency’s director

• Congress control– Legislation to curb agency power– Cut agency funding


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


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


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


OSHA

• Occupational Safety and Health Administration• Agency within Department of Labor

– Protects worker health and safety• Enabling legislation

– OSH Act of 1970


OSHA Compliance

• Two basic duties for employers

1. Comply with all applicable OSHA regulations

2. Maintain a workplace that is free from recognized hazards


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


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


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


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


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


OSHRC

• Occupational Safety and Health Review Commission– Administrative tribunal

• Separate from OSHA– Hears only OSHA citations


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


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


Hazardous Materials

• Governed by federal and state laws

• Involve different federal and state agencies

• OSHA standards– HAZCOMM– HAZWOPER


Summary

• Administrative agencies

• Enabling acts

• Authority

• Controls over agencies

• OSHA

Administrative Agencies Chapter 4. Copyright © 2007 Thomson Delmar Learning Objectives Identify...

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