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Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Dipping and Coating Operations
• Section: 4
• Title: Section 4 - IV. Legal Considerations

IV. Legal Considerations

Because the final rule is only a plain language redrafting of two former Agency rules, it is not necessary to determine significant risk or the extent to which the final rule reduces that risk. In Industrial Union Department, AFL-CIO v. American Petroleum Institute, 448 U.S. 607 (1980), the Supreme Court ruled that, before OSHA can increase the protection afforded by a standard, the Agency must find that the hazard being regulated poses a significant risk to employees and that a new, more protective, standard is "reasonably necessary and appropriate" to reduce that risk. The final rule that replaces the Agency's former rules regulating dipping and coating operations does not directly increase or decrease the protection afforded to employees, nor does it increase employers' compliance burdens. Therefore, no finding of significant risk is necessary.

The Agency believes, however, that improved employee protection is likely to result from implementation of the final rule because employers and employees who clearly understand what a rule requires are more likely to comply with that rule. In addition, because the final rule is more performance-oriented than the former rules regulating dipping and coating operations, employers will find it easier to comply with the final rule.

[64 FR 13897, March 23, 1999]

Regulations (Preambles to Final Rules) - Table of Contents

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