Honorable Greg Watchman
Acting Assistant Secretary
for Occupational Safety and Health
Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210
Dear Mr. Watchman,
The Small Business Administration's Office of Advocacy is submitting comments for your consideration. We have reviewed the information collection requirements for the Occupational Safety and Health Administration's (OSHA) final rule for occupational exposure to methylene chloride.
The Office of Advocacy was established by Congress under Public Law No. 94-305 to advocate the views of small business before Federal agencies and Congress. Advocacy is also required by §612 of the Regulatory Flexibility Act (RFA)1 to monitor agency compliance with the RFA.
The definition of small employers as those with fewer than 20 employees does not reflect the definition of small business in the SBA's regulations.2 OSHA failed to consult with the Office of Advocacy before using an alternative definition of small business for the analysis of the proposed rule, as required by the Regulatory Flexibility Act.3 We also note that there is no process to establish an alternative definition for small entities (that are not small businesses) that may be covered by this rule. We expressed our concerns during the Office of Management and Budget review about the micro-business size. While no one commented during the official public comment period on the size standard per se, there were clear indications in OSHA's economic data that there would be a significant impact on several industries that are predominantly small businesses.
OSHA provided some relief from regulatory information collection requirements for those businesses falling within OSHA's alternative size standard. More steps would have been appropriate for the entire universe of affected small enitites if OSHA had used the appropriate size standard. Therefore, we believe the agency should meet the certification required by the Paperwork Reduction Act4 based on the definition of small entities provided for in the Regulatory Flexibility Act and the Small Business Act.
We appreciate the opportunity to present our views for the record. Sincerely, Jere W. Glover Chief Counsel for Advocacy cc: Honorable Sally Katzen
ENDNOTES
1 5 U.S.C. §§601-612
2 13 Code of Federal Regulations Part 121
3 5 U.S.C. § 601
4 44 U.S.C. 3506(c)(3)