OSHA regularly conducts "lookback" reviews (also known as "Section 610 reviews") of existing standards to determine whether the standards should be maintained without change, rescinded or modified. OSHA is required by Section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) and Executive Order 12866 to conduct the lookback reviews. These reviews are conducted to make the subject final standards more effective or less burdensome in achieving their objectives, to bring them into better alignment with the objectives of Executive Order 12866, and to make them consistent with the objectives of the Regulatory Flexibility Act. These Regulatory Flexibility Act objectives seek to achieve regulatory goals while imposing as few burdens as possible on small businesses.
After OSHA selects a standard for lookback review, it gathers information from affected persons about their experience with the standard, and OSHA reviews relevant, available health, safety, economic, statistical, and feasibility data. OSHA also determines if there has been a material change in circumstances since the standard was issued.
A Federal Register notice is published that announces the lookback review and requests information from the public on their experience with the standard. The notice also announces any OSHA-sponsored public meetings on the lookback review.
After all the data and information for the lookback review are gathered and analyzed, OSHA prepares a report that presents the results of the lookback review and the Agency's resulting conclusions about whether to maintain, modify, or rescind the standard. Following a review by OSHA, the Department of Labor, and the Office of Management and Budget, the report is made available to the public. A Federal Register notice is published that announces the conclusion of the lookback review, summarizes the results, and announces the public availability of the report.
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