in 1987 has not convinced OSHA that significant changes are warranted to comply with the OSH Act. monster energy drink crocs This final rule reflects that position. There are no substantial changes in the requirements,
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results in adequate information being given to workers about hazardous chemicals. “With regard to regulating the few chemically related injuries that do occur, monster energy drink crocs OSHA’s existing standards regarding employee training (1926.21 2 through 6) address these sufficiently.” Ex. 11-83. As will be discussed in detail below, the information submitted during this rulemaking proceeding has convinced OSHA that its regulatory choices are supported by substantial evidence and that significant changes to the rule are unnecessary. However, some of the comments do reflect a lack of understanding of the requirements and of what is necessary for proper implementation of an acceptable program. Hence OSHA is taking the opportunity in this final rule to incorporate modifications to clarify such provisions and enhance compliance.
While the primary purpose of publishing the NPRM was to resolve the issues raised by OMB and presented in the proposed and alternative provisions, OSHA also invited comment on other related issues. (As described in the background section above, due to a decision issued by the U.S. Court of Appeals for the Third Circuit, subsequently upheld by the U.S. Supreme Court, the OMB disapproval has been invalidated.) In reopening the record, OSHA recognized that it was not operating “on a clean slate.” In developing the revised final rule in 1987, OSHA had the benefit of an extensive evidentiary record. In addition, the Agency’s experience gained under the original standard, as well as under state standards, some of which already applied to the nonmanufacturing sector, further supported OSHA’s regulatory approach. OSHA continues to believe that the record substantially justifies the Agency’s regulatory choices, and the information presented to OSHA since the standard was issued